Airnetwork Broadband A unit of Hostaxis NetworkPrivate Limited: CUSTOMER RELATIONSHIP AGREEMENT — Dec 2012 

This Customer Relationship Agreement  is between Client  who uses any service/s provided by Hostaxis Network Private Limited  and Hostaxis Network Pvt Ltd.

Use of the any Service/s indicates acceptance of the Customer Relationship Agreement  by the Client

IMPORTANT CLIENT INFORMATION: CLIENT RIGHTS AND OBLIGATIONS

This is a summary of our Customer Relationship Agreement (CRA). Our CRA sets out the terms and conditions on which we supply our services to clients. This document summarises the most important terms. It does not deal with all, or override any, of the terms of our CRA. Regardless of whether client have read the full CRA, client must comply with it (except to the extent that we have agreed to different terms with client in client application. )

A complete copy of our CRA, and an up-to-date copy of this summary, is available from our website or on request. If client require this information in a different format or in a language other than English, contact us

General

1. The Client may become the target of a network attack, we reserve the right to take any necessary actions (including, but not limited to, temporary suspension of the Client’s account) required to return server or network operation to normal.

2. We will use our best efforts to maintain, but do not guarantee the privacy of email, network use, and the contents of user directories.

3. If we are informed of an alleged copyright or trademark infringement involving a Client’s Services, we will attempt to notify the Client of those allegations and secure a response. We may, in our sole discretion, remove or terminate the Services containing, on a temporary or permanent basis, materials which we believe may create, constitute, or contribute to copyright or trademark infringements. Client expressly waives the right to assert any claims against us for any such removal or termination.

4. We may terminate Services to the Client at any time, without notice, for violation of this Agreement. We will not be liable for any damages or harm to the Client resulting from such termination.

5. We may temporarily suspend for the purpose of repair, maintenance or improvement, part or all of the Services, generally without notice. We undertake to use reasonable endeavours to inform Clients of future Service changes and/or downtime and to restore Services as soon as Practical after any such suspension. Necessary suspension of Services does not indemnify refunds under the loss of Services.

Changing our Client Relationship Agreement

We may change our CRA at any time, and it does not required to give client any prior notice unless a change is detrimental to client. In such cases, we will notify client. If we make any change that would cause more than minor detriment to client, client may cancel the Service without incurring any Break Fee/cancellation charge by giving notice to us within 30 days after the date we notify client of the change.

Services

We supply all our Services under our CRA. All our current services are available on our website. Client can apply for our Services online via our website, email or by telephone.

Our acceptance of client application depends on service availability in client area, client eligibility for the Service and any particular terms applicable to the Service.

Client must cooperate with us in connecting and supplying Services to client safely and efficiently, including, if required, access to client premises.

Using Our Services

Client is responsible for all use of the Service, even unauthorized use.

Client must ensure that no one interferes with the service or makes it unsafe or uses the service to break the law.

We may, but are not obligated to, monitor client usage of the Service to ensure that such usage is not excessive or unusual and otherwise to ensure that client are not misusing the Service.

Client must ensure that client must only use equipment that is approved by the Indian Telecommunication Authority

Do not violate anyone's systems or network security

You must not use our service to violate our Network's security or any third party's system or network security by any method including:

• Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network;

• Unauthorised monitoring of data or traffic on any network or system without the express authorisation of the owner of the system or network; or

• Unauthorised interference with any user, host, system or network without the express authorisation of the owner of the system or network.

 

You must not send, receive, store, distribute, transmit, post, upload or download any materials that are designed to violate our Network's security or any third party's system or network security. Examples of such prohibited material may include (but are not limited to):

• programs containing viruses, worms, corrupted files, hoaxes, Trojan horses or any other items of a destructive or deceptive nature;

• Tools designed to compromise the security of other sites;

• Programs or services designed to send or facilitate the sending of unsolicited advertisements; or

• Programs or services designed to encourage or facilitate a breach of this AUP or any acceptable use policy of another internet services provider.

You must not connect our Network to insecure machines or services able to be exploited by others to carry out actions which constitute a breach of this agreement.

You must not adapt, modify, decompile or reverse engineer any part of our service.

You are responsible for all materials and/or data originating from the machines and/or networks that you have connected to our Network. You must immediately disconnect (and subsequently secure prior to reconnection) machines generating materials and/or data which contravene this agreement once notified of such activity by us.

Firstly, you should be aware that we will block any electronic communication that we reasonably consider to have breached this agreement.

Secondly, if you have breached this agreement, or we or a third party, reasonably suspect that you may have breached this agreement we will notify you by email (provided that this notification does not prejudice any investigation) and we may also:

(a) immediately suspend your access to our service until such time as we are satisfied the breach has stopped;

(b) immediately end your Contract with us;

(c) notify and/or pass on the details of the breach of the agreement to any relevant government, statutory, self-regulatory or law enforcement authority;

(d) investigate the alleged breach of the agreement, which may include gathering information from you and/or the complaining party (if any) and the examination of any other data or material on our Network or our servers;

(e) remove (either temporarily or permanently), copy, store, monitor or otherwise deal with data and/or other material on our Network and/or our servers; or

Repair and Maintenance

We will use due care and skill in providing the service but we cannot guarantee continuous or fault free Services. We conduct scheduled maintenance on our network and try to do so outside normal working hours. However, we may be required to suspend supply of our Services during normal working hours in order to carry out emergency repairs on our network or on our supplier’s network.

If client wish to report a fault, please call or email us between 8am and 10pm Monday to Friday or weekends from 9am to 5pm.

If client ask us to come to client premises to repair a fault and no fault is found, or the fault turns out to be caused by client equipment client may be charged a call-out fee.

 

It is client responsibility to maintain and repair any equipment that client own. Clients are also responsible for any of our equipment on client premises and client must pay us for any loss or damage to our equipment.

Certain manufacturers’ warranties apply to equipment we supply to client in addition to the statutory warranties which apply under the Trade Practices Act and State Fair Trading legislation. The relevant warranty periods are set out in the documentation supplied with the equipment.

Charges

Our charges for the Service are set out on our Website. Our typical charges may include but are not limited to Setup charges, monthly access charges, excess download charges, contract break fees, relocation fees, call costs, premium services or subscription based costs,

The amount of the Service charges will depend on the Service options and features selected by client. Charges may vary according to the pricing plan (if any) client chooses. In respect of internet access services, charges may also vary depending on the included data volume and service speed that client have chosen.

All our charges are prepaid. The charges including the setup charge, bandwidth charge and any other service charges are non-refundable.

We may also make special offers and, if validly accepted by client, the price and terms of the special offer will prevail over those otherwise applicable under our CRA for the duration of the special offer.

Billing and Payment

Computer generated Invoices & hard copies invoices are generated as per subscriber service.  It can be viewed and downloaded from Hostaxis Network Pvt Ltd client portal. Dues invoices (If any) can also be generated manually on the request.

We may send client an interim bill at any time and may include charges relating to a previous billing period in a later bill.

Bills are usually electronically generated and can be accessed from client portal. Printed paper bills are also available but may incur a fee as specified in our Pricing Schedule.

Bills for service are generated few days before the dues days. There are various ways to make the payment that is indicated in bill.  We may charge client a fee if client cheque is dishonoured or client direct debit payment is declined.

If client do not pay a bill by its due date, we can charge client interest on the overdue amount, or a fee or both. Further, if client do not pay by the due date and do not make payment within 7 days after we give client notice requiring payment we can suspend, restrict or cancel the Service until client pay (in such case client may have to pay a reconnection fee).

If a bill remains unpaid we may refer it to a debt collection agency to recover payment and client must pay us our reasonable costs and expenses in doing so.

Contract

Some of our Services may have a minimum Contract Term for which client must use the Services and if client cancel the Service (or we cancel the Services due to a breach of contract by client) before the end of that Contract Term client may be charged a Break Fee for early cancellation.

Client may cancel the Service at any time by notifying us. If client cancel a service before we have provided it to client, we may charge client any costs incurred by us in preparing to provide it to client.

We may suspend or cancel a Service in a number of circumstances, including, if we determine before we have provided the Service to client, that it is not viable to supply it to client, client breach our CRA, client fail to pay client bill on time or we otherwise reasonably believe client are a credit risk, there is excessive use of the Service, we reasonably suspect fraud or other illegal conduct in connection with the Service, it is necessary to restore or maintain our network, there is an emergency, the law allows or requires us to.

If a Service is cancelled or suspended client still have to pay all charges incurred before cancellation or suspension.

If we reconnect a Service that has been cancelled or suspended, client may be required to pay a reconnection charge.

Our Liability to Client

We are not liable to the client for any loss or damage in connection with our CRA or our Services (e.g. lost profits or business or any other consequential loss).

Where we are not permitted by law to exclude our liability for any breach of a term but are permitted to limit such liability, our liability to client is limited to repairing or replacing equipment or resupplying a service or paying the cost of doing so.

We accept liability to client for interruptions to our Services, but only to the extent of:

1.     A refund or rebate for the period of the interruption, where the interruption is directly caused by our fault or negligence.

Client Liability to Us

Client indemnify us against (and must pay us for) any loss, damage, or costs (including legal costs) we incur as a result of client breach of this CRA or any negligent act or omission by client in connection with client use of the Service, and any claim an owner makes against us relating to our entering client premises.

Client Personal Information

The Privacy Act and telecommunications legislation imposes strict obligations on us to respect client privacy and the confidentiality of client personal information.

Client acknowledges that we may:

         collect and disclose client personal information to a credit reporting agency or credit provider, including client name, current and previous addresses, date of birth, employer, driver’s licence number, service number, and client personal and commercial credit information or credit rating;

         use client personal information to consider client application for personal and commercial credit, the Service or other Hostaxis Network Pvt Ltd or Hostaxis Network Pvt Ltd  Related services. We may also use this information for purposes related to the supply of the Service and to provide client with information about promotions, as well as the products and services of Hostaxis Network Pvt Ltd  Related Entities. Client can opt out of receiving marketing information by contacting us; and

         Disclose client personal information for the above purposes to or from credit reporting agencies or credit providers, an Hostaxis Network Pvt Ltd  or Hostaxis Network Pvt Ltd Related Entity, our employees, agents, contractors and suppliers, and other telecommunication and information service providers.

 

We may be required or permitted by law to collect, use or disclose client personal information, including, to government and regulatory authorities or to law enforcement agencies. Client may access client personal information and seek to make any updates by contacting us.

If client choose not to provide personal information we request of client, we may not be able to provide client with the Services client have requested, or we may refuse to provide, or limit the provision of any Service or personal or commercial credit requested by client.

 

All disputes between us shall be resolved by Local Jurisdiction in Patna, Bihar


 

        

 

Should you have any queries about the services we offer, or general feedback, please feel free to email us at info@airnetwork.in