Hostaxis Network Private Limited: CUSTOMER RELATIONSHIP AGREEMENT (Terms & Conditions)
This Customer Relationship Agreement is between Hostaxis Network Private Limited and Customer who uses any service or services provided by Hostaxis Network Private Limited.
Customer/Subscriber/Client means the person and
/ or entities using /purchasing / subscribing the services of the
Hostaxis Network Private Limited
and have entered into an Agreement with the
Hostaxis Network Private Limited
directly and/or Indirectly for availing the services on the terms and
conditions set by the
Hostaxis Network Private Limited
from time to time.
This is a summary of Agreement between
Hostaxis Network Private Limited and Customer.
Our Customer Relationship Agreement sets out the terms and conditions on which
Hostaxis Network Private Limited
(hereinafter referred to as Hostaxis / We) supply service or services to
the customer. This
document summarizes the most important terms and conditions but does not deal with all,
or override any, of the terms of our Customer Relationship Agreement. Regardless of whether
customer has
read the full Customer Relationship Agreement, customer must comply with it.
A complete copy of our Customer Relationship
Agreement, and an up-to-date copy
of this summary, is available on request.
Hostaxis may change Customer Relationship
Agreement at any time, and it
does not require giving customer any prior notice.
Service Provision terms and conditions
1.General
1.1. Hostaxis Network Private Limited supply all Service/s under our Customer Relationship Agreement. All our current services are available on our website. Our acceptance of customer application depends on service availability in customer area, customer eligibility for the Service and any particular terms applicable to the Service. Hostaxis Network Private Limited may terminate Services to the Customer at any time, without notice, for violation of this Agreement. We will not be liable for any damages or harm to the Customer resulting from such termination. Customer must cooperate with us in connecting and supplying Services to customer safely and efficiently, including, if required, access to customer premises. Hostaxis Network Private Limited member shall also visit customer premises on regular basis for verification purpose.
1.2. The Customer 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 Customer’s account) required to
return server or network operation to normal.
1.3. Hostaxis Network Private Limited shall try to
maintain, but shall not take guarantee of maintaining the privacy of email, network use, the
contents of user.
1.4. Hostaxis Network Private Limited may, in our sole discretion, remove
or terminate the Services containing, on a temporary or permanent basis,
materials which Hostaxis Network Private Limited copyright or trademark infringements and/or
illegal usage
1.5. Customer is responsible for all use of the
Service, even unauthorized use. Customer must ensure that no one interferes
with the service or makes it unsafe or uses the service to break the law.
1.6. Hostaxis Network Private Limited may, but are not obligated to, monitor
customer usage of the Service to ensure that such usage is not excessive or
unusual and otherwise to ensure that customer are not misusing the Service
1.7. Customer must ensure that customer must only use equipment that is approved
by the Indian Telecommunication Authority.
1.8.
Installation of any type of VoIP calling device, services eg. Simbox, sip
server, VoIP gateway, device connected with pstn phone/service and/or
involvement in VoIP calling activity, illegal call e.g. call center
business, telecalling, phone support through voip/SIP protocol, any type of
illegal phone call as per Indian Law using our network will immediately
break this agreement and service will be disconnected instantly without any
notice. Legal action will also be taken for any such act.
1.9 .Internet connection service shall not be used for resale or sharing
among your customer/clients.
1.10 .Customer must not adapt, modify, decompile or
reverse engineer any part of our service.
1.11. Customer is responsible for all materials and/or
data originating from the machines and/or networks that customer have connected
to our Network. customer 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, customer should be aware that Hostaxis Network
Private Limited will
block any electronic communication that Hostaxis Network Private Limited reasonably consider to
have breached this agreement.
Secondly, if customer breach this agreement, or Hostaxis Network Private Limited or a third party, reasonably suspect that customer may have breached this agreement Hostaxis Network Private Limited will notify customer by email (provided that this notification does not prejudice any investigation) and
1.12. Hostaxis Network
Private Limited may also:
(a) immediately suspend customer access to our service
until such time as we are satisfied the breach has stopped;
(b) immediately ending of customer Contract with
Hostaxis Network Private Limited;
(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 customer 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 Hostaxis Network
Private Limited servers
1.13. Do not violate anyone's systems or network security
(a) customer must not use Hostaxis network private
limited service to violate Hostaxis network private limited Network's security or any third party's system or network security by any
method including but not limited to:
• Unauthorized access to or use of data, systems or
networks, including any attempt to probe, scan or test the vulnerability of
a system or network;
• Unauthorized monitoring of data or traffic on any
network or system without the express authorization of the owner of the
system or network; or
• Unauthorized interference with any user, host,
system or network without the express authorization of the owner of the
system or network.
(b) customer 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.
2 Repair and Maintenance
2.1.Hostaxis Network Private Limited shall try to
maintain good skill and precuation in
providing the service but we shall not guarantee the continuous or fault free
Service. 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.
2.2.It is customer responsibility to maintain and
repair any equipment that customer own. Customers are also responsible for any
of Hostaxis Network Private Limited
equipment on
customer premises and customer must pay
Hostaxis Network Private Limited for any loss or
damage to Hostaxis Network Private Limited
owned equipments.
2.3.Certain manufacturers’ warranties apply to
equipment we supply to customer 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.
3 Charges
3.1 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,
3.2.The amount of the Service charges will depend
on the Service options and features selected by customer. Charges may vary
according to the pricing plan (if any) customer chooses. In respect of
internet access services, charges may also vary depending on the included
data volume and service speed that customer have chosen.
3.3.All our charges are prepaid. The charges
including the setup charge, bandwidth charge and any other service charges
are non-refundable.
Hostaxis Network Private Limited may also make special offers and, if validly
accepted by customer, the price and terms of the special offer will prevail
over those otherwise applicable under our Customer Relationship Agreement for the duration of the
special offer.
4 Billing and Payment
4.1. Computer generated Invoices & hard copies
invoices are generated as per subscriber service. Hostaxis Network
Private Limited may send customer
an interim bill at any time and may include charges relating to a previous
billing period in a later bill. Printed paper bills are also available but
may incur a fee as specified in our Pricing Schedule.
4.2 Bills for service are generated few days before
the dues days. There are various ways to make the payment that is indicated
in bill. Hostaxis Network Private Limited may charge customer a fee if
customer cheque is dishonored
or customer direct debit payment is declined..If customer do not pay a bill by
its due date, Hostaxis Network Private Limited can charge customer interest on the overdue amount, or
a fee or both. Further, if customer do not pay by the due date and do not
make payment within 6 days after Hostaxis Network Private Limited give
customer notice requiring payment Hostaxis Network Private Limited
can suspend, restrict or cancel the Service until customer pay (in such case
customer may have to pay a reconnection fee).
4.3.If a bill remains unpaid Hostaxis Network
Private Limited may refer it to a
debt collection agency to recover payment and customer must pay us our
reasonable costs and expenses in doing so.
5. Contract
5.1. Some of our Services may have a minimum
Contract Term for which customer must use the Services and if customer cancel
the Service (or Hostaxis Network Private Limited cancel the Services due to a breach of contract by
customer) before the end of that Contract Term customer may be charged a Break
Fee for early cancellation. If customer cancel a service before Hostaxis
Network Private Limited have
provided it to customer, Hostaxis Network Private Limited may charge
customer any costs incurred by us in
preparing to provide it to customer.
5.2. Hostaxis Network Private Limited may suspend or cancel a Service in a
number of circumstances, including, if Hostaxis Network Private Limited determine before
Hostaxis Network Private Limited have provided
the Service to customer, that it is not viable to supply it to customer,
customer
breach our Customer Relationship Agreement, customer fail to pay customer bill on time or
Hostaxis Network Private Limited otherwise
reasonably believe customer are a credit risk, there is excessive use of the
Service, Hostaxis Network Private Limited 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.
5.3. If a Service is cancelled or suspended
customer
still have to pay all charges incurred before cancellation or suspension.
If Hostaxis Network Private Limited reconnects a Service that has been cancelled
or suspended, customer may be required to pay a reconnection charge.
6. Our Liability to Customer
6.1 Hostaxis Network Private Limited is not liable to the
customer for any
loss or damage in connection with our Customer Relationship Agreement or our Services (e.g. lost
profits or business or any other consequential loss).
6.2. Where Hostaxis Network Private Limited 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 customer is limited to repairing or replacing
equipment or resupplying a service or paying the cost of doing so.
6.3. Hostaxis Network Private Limited accept liability to
customer for interruptions to
our Services, but only to the extent of: A refund or rebate for the period of the
interruption, where the interruption is directly caused by our fault or
negligence.
7. Customer Liability to Us
7.1 Customer indemnify Hostaxis Network Private Limited against (and must pay Hostaxis Network Private Limited for) any loss, damage, or costs (including legal costs) Hostaxis Network Private Limited incur as a result of breach of this Customer Relationship Agreement or any negligent act or omission by customer with use of the Service.
8. Customer Personal Information
8.1.The Privacy Act and telecommunications
legislation imposes strict obligations on us to respect customer privacy and
the confidentiality of customer personal information.
Customer acknowledges that Hostaxis Network Private
Limited may collect and
disclose customer personal information to a credit reporting agency or credit
provider or payment gateway agency including customer name, current and
previous addresses, date of birth, employer, driver’s license number,
service number, and customer personal and commercial information.
8.2 Hostaxis Network Private Limited may also use this information for
purposes related to the supply of the Service and to provide customer with
information about promotions, as Hostaxis Network Private Limited as the products and services of
Hostaxis Network Pvt Ltd related entities. Customer can opt out of
receiving marketing information by contacting us
8.4. Hostaxis Network Private Limited may be required or permitted by law to collect, use or disclose customer personal information, including, to government and regulatory authorities or to law enforcement agencies
9. Customer is permitted to use encryption upto 40 bit key length in the RSA algorithms or its equivalent inother algorithms without having to obtain permission.However, if encryption requirement is higher than this limit, the Customer shall obtain the permission of the concerned Telecom Authority and deposit the encryption key, split into two parts, with such Telecom Authority.
10. The Customer shall maintain a log of all users availing the Service.
11.
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 |
