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1. Understands that the Internet Services is governed by Internet Service Provider and other applicable licenses and laws of the Indian Government (Department of
Telecommunications). Customer shall therefore ensure compliance to ALL such license conditions and laws and also ensure that Internet Services (hereinafter “Service”)
provided by BYTEL TRANET PVT. LTD. (herein after “BYTEL”) is not connected with PSTN (Public Switch Telephony Network). Any infringement would result in termination of
Service without any notice. This will be in addition to any action taken by the Government, or under the Law. Understands further that the Internet contains unedited materials
some of which are sexually explicit or may be offensive to some people. Customer accesses such material at his own risk. BYTEL has no control over and accepts no
responsibility whatsoever for such materials.
2. Shall also not use the services for any anti-national activity.
3. Understands that customer is fully responsible for any misuse of IP’s allotted to him by BYTEL .
4. Understands further that under no circumstances shall BYTEL , its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential
damages that result in any way from Customer’s use of or inability to use Service or any part thereof, or Customers reliance on or use of information, services or merchandise
provided on or through Service, or that results from mistakes, omission, interruption, errors, defects, delays in operations, or transmission, or any failure of performance.
5. Will allow personnel of BYTEL or Vendor so authorized to install equipment as also lay necessary cables for the connectivity.
6. Will arrange for installation of CPE (Customer Premises Equipment) at a safe place free from dust, humidity and heat, preferably in an air-conditioned environment in case that
is provided by BYTEL.
7. Shall allow necessary access for maintenance activities of such equipment whenever required by BYTEL at its premises.
8. Arrange for un-interrupted and regulated (Sine-wave) power supply for equipment of specifications supplied by BYTEL, if the equipment has been installed by BYTEL.
9. Shall pay the royalty to WPC and all other statutory fees or charges to make the service operational.
10. Will not resell the bandwidth/connectivity provided by BYTEL until and unless otherwise agreed separately with BYTEL in writing as an addendum to this Agreement.
11. Will pay to BYTEL for taking Service from them at the prescribed rate, as described on the face of this form. Rates may be revised from time to time. Customer will be informed
in writing, through any means of communication possible, in case the rates are revised. Payment must be received by the due date to avoid suspension/ disconnection of the
service. Non-receipt of the invoice by customer cannot be a reason for non-payment. The customer must contact the accounts department of BYTEL and obtain duplicate
copies of the invoice, if required.
12. Understands that the date of placement of order is deemed to be the date of this Agreement.
13. Understands that it is the Customer’s responsibility to get last mile connection from the nearest available source unless specifically mentioned in the front of this Agreement.
14. Understands that the Customer will make payment, for Service, in favour of BYTEL TRANET PVT. LTD, payable at Lucknow. If the payment is made in cash, Customer must
insist to have a proper/ valid receipt against cash payment and submit the same with BYTEL as and when requested by BYTEL. The Customer may make the payment also by
purchasing vouchers available at BYTEL, Authorized Agents or websites.
15. Understands that all hardware equipment including Access Equipment at Customer’s Premises supplied by BYTEL would remain property of BYTEL and Customer will not
prohibit authorized employees of BYTEL or Vendor so authorized to access, maintain and replace the equipment or any part there of installed inside Customer’s premises.
Customer undertakes not to obstruct removal of the equipment installed inside Customer’s premises by BYTEL or Vendor so authorized on BYTEL’S written authorization on
discontinuation / disconnection of services or termination of service under “Exit Policy”, since the same is the property of BYTEL.
16. Understands that Customer Premises Equipment is third party equipment procured by BYTEL for providing connection to Customer. BYTEL shall make all efforts to get this
equipment repaired at the earliest and at its sole discretion decide whether a defect in the equipment is to be repaired or the defective part is to be replaced. Customer
undertakes not to obstruct or prohibit BYTEL or Vendor so authorized on BYTEL”s written authorization to take the equipment or any part of it from Customer premises thereof
for rectification to its service centre when deemed so necessary by BYTEL at its sole discretion. All defective parts after replacement and other replacements become the
property of BYTEL, Customer having no right over them whatsoever.
17. Shall undertake all necessary Government permissions, clearances and approvals to make the service operational beyond the Service provided by BYTEL.
18. Understands that civil engineering works, if any, shall be the responsibility of Customer. Customer will ensure that necessary formalities for undertaking such works are obtained
from the property owners and Government authorities, wherever necessary.
19. Advance rental will be forfeited in case of any delay from customer’s side related to power and space issue at BTS end.
This Agreement is valid for an initial term for one year and renewed automatically for a one year term on the expiry of the previous term unless terminated by
BYTEL or Customer as per this clause and “Disconnection Terms” mentioned elsewhere in this Agreement. BYTEL can terminate this Agreement by giving one month notice.
Customer may terminate this Agreement after the initial term by giving one month notice. Customer is liable to pay service fee for the balance of the term if he desires to
terminate or terminates this Agreement. In addition, Customer is also liable to pay one month service fee if the Customer terminates the Agreement without providing adequate
notice.
a. BYTEL retains the right to terminate this Agreement immediately in case of Customer’s default under clause 1,2,3,5,6,7,10 and 14 of “Customer’s Obligations”.
b. Any loss of business suffered by the Customer due to disconnection affected under clause a above will be his own responsibility and so borne by him. Disconnection under
clause a above will not require any notice and no refund will be given to the Customer for unused portion of Service.
The laws of India shall govern this Agreement. The parties shall submit to the exclusive jurisdiction of Courts in Lucknow. The Customer shall abide by all the applicable laws,
rules and / or regulations and shall keep BYTEL indemnified against any damage, loss and claims arising out of its negligent acts or omissions. The Customer must indemnify
BYTEL against any claims or legal proceedings arising from provision of Service, which are brought against BYTEL by anyone using Service under or through Customer
because:
1. Service is used in breach of terms /conditions in this Agreement.
2. Service is faulty and cannot be used by a third Party.
BYTEL shall not be responsible or liable for any failure on its part to fulfil its obligations contained herein if such failure is on account of a force majeure event. Force Majeure
shall mean such unforeseeable occurrences beyond the reasonable control of BYTEL such as:
1. Acts of God, natural catastrophes, frequency interference from external source, epidemics, earthquakes;
2. Strikes and blockades; either by BYTEL personnel or others affecting Service.
3. War or war-like conditions, mobilization, revolutions or riots, acts of public enemy, sabotage, terrorism;
4. Restriction by or actions, omissions or interventions of Indian public authorities (including but not limited to changes in laws, regulations or import / export, security
restrictions).
5. Disconnection or deterioration of service by BYTEL’s vendor.
