Spectranet Order Management and Delivery System
 
Terms & Conditions

The Customer/Applicant (hereinafter referred to as the Customer) offers to subscribe to the Wi-Fi Internet Connectivity service provided by Spectra Net- A division of Punj Lloyd Limited, (hereinafter referred to as Spectranet/SNET) having its Registered office at 17-18, Nehru Place, New Delhi-110019 and Corporate office at 42, Okhla Industrial Estate, Phase III, New Delhi110020, on the following terms & conditions. These are applicable only to within SNET's domain circuit (i.e. from the SNET Point of Presence at 42 Okhla Industrial Estate, Phase-III, New Delhi-110020 to the Access points / hotspots.

Definitions

  1. Customer / Subscribers” or “End User(s)" means the any person who purchases Wi- Fi services solely for its own / Authorised persons use , and not for resale, marketing or secondary distribution and who agrees to become the subscriber to the SNET's services by accepting and signing the terms and conditions of the provision of service as mentioned in this form and include (1) all customers who have a SPECTRANET Wi-Fi Service account or a SNET Broadband account and/or (2) all customers of partners / other service providers with whom SNET has any kind of tie up/ alliance / agreement.
  2. Wi-Fi Service means Wi-Fi Service as advertised and offered to SNET customers.
  3. Access Point(s) / Hotspot(s) mean all area covered by the SNET Wi-Fi services coverage and informed by SNET to customer via any communication means.
  4. “Direct Sales Agent (DSA)” means an individual(s), corporation(s), partnership(s) or other entities, who has been entered into a contract with SNET to perform sales promotion activities and engaged in the marketing of the SNET's product directly and /or through Retailers.
Responsibility of Spectranet:
  1. SNET is responsible for provisioning the services i.e. ensuring the correct working of the link on one computer inside the access point/ hotspot covered under the Spectranet Wi - Fi coverage.
  2. The customer shall provide SNET with a complete network diagram of the set-up along with the details of connectivity at his/its premises. After which a technical feasibility study for the network would be undertaken by SNET. Based on this, the services would be provisioned to the Customer. A time period for such provisioning of services would be committed to the customer after the Customer Agreement Form is duly signed by them and submitted to SNET along with the required documents. In case of extreme circumstances where such provisioning is delayed beyond the committed time period, a written communication would be sent to the Customer informing them of the relevant reasons.
  3. The customer has to inform and obtain SNET's prior written approval of any change in the Customer Premise Equipment (CPE) undertaken by them and further specify the Mac Id of the old equipment as well as the new equipment to SNET. Any change in equipment or provisioning of the network set-up without the written approval of SNET shall be deemed to be unauthorized and violative of the terms and conditions which shall entail immediate deactivation.
  4. SNET shall carry out periodical inspection at the Customer's premises to check the CPE, network set-up and to check possible misuse.
  5. SNET shall use all its efforts to provide continuous Services to Customer, and shall take up necessary initiative to restore the service in case of any unforeseeable fault within SNET's domains. SNET shall not be responsible for any fault or service outage caused by a third party (government agency etc.). SNET shall only be responsible for the reporting, monitoring and follow-up of the fault and recovery.
 General Terms:

  1. The Customer is fully aware of the coverage area of SNET where they can avail the services and it is fully understood by them that SNET depending upon the business potential may increase or decrease the service area.
  2. SNET reserves the right to disconnect the connectivity to the Customer incase it discovers that documents furnished are incorrect or incomplete or fabricated. In such an eventuality the Customer shall be liable to pay all outstanding till that date including administrative costs incurred by SNET.
  3. Schemes introduced by SNET may be withdrawn or extended by SNET at its discretion and that the customer shall not stake any claim in such an eventuality. Any schemes introduced by SNET from time to time would have a specific validity period within which the conditions of the scheme would be valid.
  4. Value Added Services, which may be offered by SNET, may be subject to payment of additional service charge as applicable from time to time.
  5. The allocation of IP address will be subject to the following terms & conditions:
    • IP address allocation will be as per policy of APNIC (Asia Pacific Network Information Center, Australia).
    • Customers should give the following undertaking:
      • Customer understands that IP addresses allocated via SNET/through SNET are non-portable.
      • Customer understands that IP addresses allocated to them are an exclusive property of SNET.
      • Customer understands that they cannot in turn allocate IP addresses to other Customers.
      • Customer understands that IP addresses to be allocated by SNET are subject to availability of IP addresses with SNET.
      • Customer understands that they shall return the IP addresses allocated by SNET immediately on expiry of contract with SNET.
  6. SNET would provide to the customer a Customers Premises Equipment (CPE) compatible on SNET's network. Customer will purchase/install compatible CPE as approved by SNET form Direct selling agent authorised by SNET. SNET would be responsible for any CPE related problem or any service outage resulting from malfunctioning of the CPE. Servicing, repair, maintenance and warranty issues of the CPE upon the same terms and conditions as are made available to SNET by the manufacture of equipment.
  7. The Customer is fully aware that Spectranet is not the manufactures of CPE and warrants the same performance guarantee which is made available to SNET by the manufactures of those CPE and not more than that.
  8. All services require the availability of an Ethernet card and customer has to arrange for the same. SNET prices are excluding the Ethernet card and SNET is not responsible for the installation/functioning of Ethernet card.
  9. Customer shall use a valid account to access Wi-Fi service. Provision of service is subject to issuance of Log-in ID and password from SNET. Upon first log-in Customer shall promptly directed to change its password failing which account shall not be active.
Payment Terms:

  1. Payment for Wi Fi Services and Customers Premises Equipment (CPE) shall be made in advance through purchase of Recharge /CPE Coupons. Installation Changes shall be paid in cash/ cheue/ Demand Draft.
  2. Taxes, Duties and Levies: Any changes in taxes and duties shall be charged as applicable. Maximum retail price of Recharge coupons is inclusive of
  3. Mode of Payment: Purchase of Recharge / CPE Coupons and recharging the Account or by making online payment in the payment Gateway Link at www.spectranet.com by using Debit/Credit Card Only MasterCard, Diners, Amex and Visa cards are accepted.
  4. The Customer will be liable for all access charges and other charges payable, notwithstanding the loss of, or inability to use the hardware equipment.
  5. SNET has the right to vary the tariff structure at its discretion.
  

Sale or Transfer

The Internet and the service received there from shall be non-transferable in nature between persons and also between locations.

Duty of Customer:

  1. The customer must not use the service for any illegal purpose or in violation of law and/or in contravention of any Rules and Regulations governing such use as may be prescribed by the government from time to time and not allow others to use their equipment in the aforementioned manner. The Customer is prohibited from providing interconnection for provisioning of Internet services to others through his connectivity.
  2. The customer must not use Wi-Fi Service in a way, to transmit any material, which interferes with other users or defames, harasses, threatens or offends any person or which inhibits any other customer from using or enjoying Wi-Fi Service.
  3. The customer will use equipment provided/permitted by SNET and approved for the network in writing and comply with all relevant laws and regulations for the time being in force.
  4. The customer will immediately inform SNET of any damage/loss/theft of any equipment in the name of SNET, if any, extend to the customer premise and will be liable for all changes payable towards the repair of the same.
  5. The customer shall allow SNET's authorized personnel from unhindered free access at all times to his/its premises, network and/or CPE for inspection purposes and shall render all assistance in this regard.
  6. The customer shall SNET Wi-Fi Service to send unsolicited commercial or bulk electronic mail messages to anyone
  7. The Customer shall be liable to bear all taxes, levies, duties, bank charges and other similar charges (and any related/consequent interest and penalties) however designated, imposed as a result of provision of the services by SNET whether presently applicable or made applicable retrospectively by the Government or which may be imposed in future by Govt. or any other statutory or regulatory body of the region to SNET.
 Suspension or Termination of Service

  1. SNET reserves the right to terminate this Agreement by giving 30 days notice in writing.
  2. SNET reserves the right to suspend any of the Services or terminate the Agreement at any time without notice and further obligations to Customer and without limiting any other remedies available to SNET if any of the following events should occur:
      • Customer is in material breach of any of these terms or conditions.
      • Customer is found to be indulging in internet abuse, or any other activity considered undesirable by SNET, using the network resources of SNET.…
      • Customer is found tampering with any equipment of SNET, any change in CPE or provisioning and/or change of the network set-up without the written approval of SNET.
      • Customer is found violating any act in force by illegal usage of SNET network / equipment.
  3. In case of non-payment of dues, reactivation will be done only after the payment is received.
Use of Voice Applications:

Voice applications would be allowed as per directive of the Govt of India/TRAI. The Customer may be liable for legal action by the appropriate regulatory authorities in case of any violation related to the same.

Prohibition to Connect through PSTN/ISDN/PLMN/PDN:

Customer shall not use the SNET connectivity to link with PSTN/ISDN/PLMN or any Public Data Network under any circumstances. In case it is found that the customer has used the SNET Services/SNET connectivity to link with PSTN/ISDN/PLMN or any Public Data Network, SNET shall be entitled to disconnect the SNET Service with immediate effect. The Customer alone will be liable for legal action by the appropriate regulatory authorities or law enforcement agencies, in case of any violation related to the same.

Notices:

All notices required or given by the Customer in association with these terms and conditions should be given in writing, sent by hand or by registered mail, with return receipt requested.

Governing Law and Arbitration:

These terms & conditions shall be governed by and interpreted in accordance with the laws of India. In the event of any dispute relating to the interpretation or performance of this Agreement arising between the parties, they will first do their utmost to settle their dispute amicably. If any such dispute cannot be settled amicably, it shall be referred to the CEO of SNET who shall try to settle it fairly and expeditiously. In case no settlement is reached he shall refer it to a sole arbitrator appointed and selected by him for conciliation and arbitration in accordance with the Arbitration and Conciliations Act, 1996. The venue of Arbitration proceedings will be in New Delhi. The findings of the arbitrator shall be final and binding on both the parties. The costs for arbitration proceedings and the arbitrator's fees will be equally shared by the Parties.

Miscellaneous:

  • The terms of this agreement are subject to the clauses of Force Majeure.
  • This agreement is the complete and exclusive statement of understanding between SNET and the Customer.
  • The Customer will be bound by any variations made in these terms & conditions, which will be notified to the Customers.
  • All communication and inquiries are to be addressed to the Corporate Office of SNET.
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