The Terms and conditions mentioned herein shall form an integral part of the services being rendered and shall be binding on the Customer Agreement” shall mean, unless otherwise specifically provided for, the CAF along with the General and Product Terms and Conditions duly executed and accepted by the Company and Subscriber.?
Applicable Law” shall mean any law that is applicable in a particular context and includes both Central and State legislations as may be amended or repealed from time to time, including specifically the Indian Telegraph Act, 1885, The Wireless Telegraphy Act, 1933, and the Telecom Regulatory Authority of India Act, 1997, the Information Technology Act, 2000 and any administrative, judicial and quasi-judicial rulings and delegated legislation such as regulations, rules, guidelines and notifications as may be issued by the Authorities from time to time. “Authority or Authorities” shall mean the Government of India, Ministry of Communications and Information Technology, Department of Telecommunications (DOT), Telecom Regulatory Authority of India, Telecom Dispute Settlement Appellate Tribunal, the relevant State Government, or other statutory and local authorities, tribunals etc. as the case may be. Charges” shall include all payments under the Agreement which are due and payable by the Subscriber to the Company, whether invoiced or not, inclusive of one-time, registration, testing and installation, Service Equipment and Service rental, billing, network service/feature change, transfer /shifting, reconnection, usage based charges and Security as set out in the SRF and all other fees, rates, taxes, levies, penalties and fines for and in respect of provision of the Service and chargeable Service Equipment to the Subscriber pursuant to the Subscriber applying for the Service as per the rates set out in the Tariff published by the Company from time to time or any special rates agreed to be granted by the Company, including charges for services availed through the Network on correspondent networks Confidential Information” means all information contained in any media and format, designated as such by either Party including (i) technical or business information or material; (ii) proprietary or internal information of either Party, including but not limited to samples, apparatus and equipment, business policies, Subscriber databases, developments, trade secrets, know-how and personnel information regarding third parties; (iii) information disclosed pursuant to the Agreement and (iv) all such other information which by its nature or the circumstances of its disclosure is confidential. Due Date” shall mean the date prescribed by Company in its invoice or statement of charges, on or by which date the Subscriber shall make payment of the Charges whether invoiced or not. Subscriber Premise Equipment” or “Customer Premise Equipment (CPE)” means the existing equipment, systems, cabling and facilities of Subscriber or provided to the Subscriber by any third party, which is required for Service provisioning and used in conjunction with the Service Equipment in order to avail of the Service. “Subscriber Premises” shall mean the location /or Service Installation Address of the Subscriber as provided in the SRF where the Service is provided and the Service Equipment is installed. “Tariff” shall mean the commercial plan or tariff schedule offered by the Company, including but not limited to fees, Charges, rates and related conditions as notified and published by the Company from time to time, in respect of provisioning of the Services.
a. Service Quality- during the Service Contract Period, the Company shall endeavour to maintain commercially acceptable levels of Service availability and ensure that the Subscriber is not prevented from making use of the Service as a result of any deficiency or problem in the Network.
b. The Company may enter into a separate service level agreements with the Subscriber, provided that all other parameters not covered in such agreements are governed by the terms and conditions of this Agreement.
c. Service quality, functionality, availability or reliability may be affected and the Company shall not be liable for such disruptions/ interruptions/ deficiency in case they aredue to the following reasons:
--1. Planned repairs, modifications or maintenance notified to Subscriber in advance,
--2. Unauthorized changes to Service Equipment or CPE made by Subscriber without notifying the Company,
--3. Any fault in equipment other than Service Equipment or a fault arising from outside the Network,
--4. Force Majeure Events,
--6. Any fault in or damage to Service Equipment or Network or components thereof for reasons beyond the reasonable control of the Company,
--7. Refusal by Subscriber to allow testing or repair of Service or Service Equipment and use by Subscriber of the Service on an impaired basis, including refusal to allow access to Subscriber Premises to the Company personnel,
--8. Failure in providing stable power and the other infrastructure required for Service Equipment and/or Subscriber Equipment,
--9. Subscriber scheduled maintenance,
--10. Any complaint by the Subscriber which the Company, after due investigation, finds to be without any basis.
d. The Subscriber shall pay all reasonable costs incurred by the Company in investigating and remedying any Service difficulty which is attributable to: The negligence, act, omission, breach or fault of the Subscriber or its agents, or the failure or malfunction of CPE that connects to the Service as and where applicable.
e. In the event of there being any deficiency in the Services or Service Equipment, the Subscriber shall within a period of seven (7) Business Days from the occurrence of the deficiency notify the Company, and thereupon the Company shall endeavour to rectify the same in a reasonable period.
f.This service is governed by the provisions of Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act 1933 and Telecom Regulatory Authority of India Act 1997 as modified or replaced from time to time. g. Any WI- Fi connectivity deployed by subscriber will be activated only after it is registered for centralized authentication system of KovaiFibernet Pvt Ltd.
h. If the subscriber uses this service for internet telephony, then only the following will be permitted: Service to process and carry voice signals offered through public internet by use of Personal computers (PC) or IP based customer Premise equipment (CPE) connecting the following:
PC /a device / adapter conforming to standards of International agencies like ITU, IETF etc; in India to PSTN/PLMN abroad Any device /adapter conforming to standards of International agencies like ITU, IETFetc; connected to ISP node with static IP address to similar device/adapter; within or outside India Addressing scheme for Internet telephony shall only conform to IP addressing scheme of Internet Assigned Numbers Authority (IANA) exclusive of National Numbering Scheme/plan applicable to Basic/Cellular Telephone service. Translation of E.164 number/private number to IP address allotted to any device and vice versa, to show compliance with IANA numbering scheme is not permitted. Subscriber acknowledges that VoIP will not be used in any form other than what is permissible under the Internet services license. Subscriber acknowledges that the IP given will not be used for terminating VoIP calls on domestic PSTN network.
KovaiFibernet Pvt Ltd may block internet sites as identified and directed by the Department of Telecommunications, Telecom Authority or any other authorizes agency from time to time.
No subscription amount to be paid to the KovaiFibernet Pvt Ltd sales representative, at the time of placing the order. Post placing the order, the subscriber will receive a call from KovaiFibernet Pvt Ltd for demo appointment and for verifying personal details – name, address, mobile, email ID and tariff plan. The subscriber is required to pay the ‘Subscription Amount’ as mentioned in the plan details on installation, post successful service demo at the installation location to the authorized KovaiFibernet Pvt Ltd installation representative only. The authorized KovaiFibernet Pvt Ltd representative will carry a KovaiFibernet Pvt Ltd ID card. The subscriber can ask the KovaiFibernet Pvt Ltd representative for valid government ID like PAN card or driving license to verify his/her identification. KovaiFibernet Pvt Ltd will not be responsible for any payment made by the subscriber to any unauthorized person claiming to be a KovaiFibernet Pvt Ltd representative. All plan charges will be charged in advance. All one-time installation charges are non-refundable. Service activation will be done post realization of the subscription amount. In case of cheque payment, service installation and activation may take 6-10 working days from cheque submission date. In case the service is not activated post realization of the subscription amount, kindly contact KovaiFibernet Pvt Ltd Care at 9043677677. Keep your CAF No/Account No ready when calling Care. Bill Free Plans: The service shall discontinue on expiry of validity or available data usage (GBs). Subscribers can reactivate the service with any of the following options: Switch to any other Bill Free plan. Note –KovaiFibernet Pvt Ltd Broadband Service Bill will not be provided for these plans. Refund will not be provided for unutilized usage (MBs) if the subscriber surrenders / discontinues the service.
As per the direction of DoT, a maximum of one login is allowed per connection. To access the service across multiple devices, subscribers could arrange a Wi-Fi router at their own expense. Subscribers installing their own Wi-Fi Router (or any Wi-Fi routing device) are required to register such Wi-Fi Router with KovaiFibernet Pvt Ltd to start accessing the network over Wi-Fi.
KovaiFibernet Pvt Ltd Broadband Service Bill delivery is done as per the option registered by the subscriber: E-copy: Only e-bill shall be sent to the registered E-mail ID. Physical copy: The Physical bill shall be sent to the registered billing address. Additionally, the e-bill shall be sent to the registered E-mail ID. Connection will be delivered over a Wireless CPE or FTTH ONU.
PCs/Laptops must have minimum Intel P IV 2 GHz or higher processor and 1 GB of RAM – Minimum 2 GB free hard disk space at the time of installation – Operating System: Win XP or higher – Ethernet LAN Card / Port (10 / 100BaseT) with TCP/IP support. Browser Options: IE, Mozilla Firefox, Opera or Google Chrome. Kindly ensure that your browser is updated to the latest version available. Subscribers can use the service on Wi-Fi enabled devices such as smart phones, tablets, touchpads, notebooks, etc. These devices must support 802.1X, WPA2 Enterprise security features. Speeds mentioned here are guaranteed up to the ISP node.
All tariffs mentioned here are subject to regulatory approval. KovaiFibernet Pvt Ltd has the right to modify or withdraw any tariff plan at any point of time. In case of service discontinuation, the subscriber shall compulsorily return all the modems in working condition. In the event of the subscriber not being able to deliver the modem to the company, for reasons attributable to his/her action / account, the modems would be assumed to be permanently undeliverable to any person including the company. In such an event, including a case where the modems are delivered by the subscriber in non-working condition, the company would charge the subscriber Rs. 1,500 per modem not returned or returned in non-working condition towards penalty / damages for breach of the terms of service. This is applicable for all plans. Service tax shall be accounted for against the charges stated above. Refund, if applicable, will be processed within 15 working days from the date of cancellation. If the subscriber of any plan surrenders the connection, then: The request for refund will be considered in case of KovaiFibernet Pvt Ltd inability to restore the connectivity due to reasons such as site out of service, due to permission issues or other situations with similar effect. No refund is applicable in any other cases. If a refund is applicable then: Plan charges corresponding to the number of days / months of use / data transfer shall be payable / deducted from the upfront amount received to determine the refund, if any. A full month shall be counted in case the usage is for part of the month. Refund, if applicable, will be processed within 30 working days from the date of cancellation. Acceptable Use Policy (AUP)
This is a policy defined by KovaiFibernet Pvt Ltd & applicable to all Subscribers. This policy defines what is acceptable & what is not acceptable while using the internet. KovaiFibernet Pvt Ltd reserves the right to modify the AUP from time to time in accordance with changes in regulations, guidelines or directives from the government. These changes will be binding on all KovaiFibernet Pvt Ltd subscribers. From here onwards AUP has been defined as Governance of AUP: Compliance to AUP is a contractual requirement. If Subscriber violates the terms and conditions of the AUP, his account or service is likely to be suspended or terminated without prior notice. Restoration of such blocked/suspended service is solely on KovaiFibernet Pvt Ltd discretion & would involve a written compliance agreement from the Subscriber and payment of administrative charges if any. KovaiFibernet Pvt Ltd does not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup, or other material created or accessible over or through the Service. However, KovaiFibernet Pvt Ltd may remove, block, filter, or restrict by any other means any materials that, in KovaiFibernet Pvt Ltd’s sole discretion, may be illegal, may subject KovaiFibernet Pvt Ltd to liability or may violate this AUP KovaiFibernet Pvt Ltd is obliged under Indian laws to provide information to Law enforcement agencies and public or government bodies that are legally authorized to obtain such information
The Subscriber agrees not to use the Service For sending and receiving any objectionable, obscene or unauthorized content For any content, messages or communications infringing copyright, Intellectual property right and international & domestic cyber laws, in any form or inconsistent with the laws of India. For hacking or gaining unauthorized access to any computer systems on the internet To run any internet protocol (“IP”) forging or port scanning software to deliberately affect remote machines
To use the Service for any anti-national activities would be construed as an offence punishable under the Indian Penal Code or other applicable law.
To transmit any information or written, graphic or photographic material (“Material”) (by uploading, posting, email or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable To transmit any Material (by uploading, posting, email or otherwise) in breach of this Agreement including any Materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
To transmit any Material (by uploading, posting, email or otherwise) that infringes any patent, trademark, trade secret, copyright or other intellectual property rights of any third party; To transmit (by uploading, posting, email or otherwise) any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
To transmit any Material (by uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
To harm, or threaten to harm, minors in any way
To send emails from KovaiFibernet Pvt Ltd Networks to recipient who do not wish to receive the emails To send any emails with forged header information, nor should you attempt to impersonate any other individual or organization To interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
To hack into the Website or any other related computer system, make excessive traffic demands, forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behavior that may reasonably be expected to inhibit other users from using and enjoying the Website or any other website or damage or destroy the reputation of KovaiFibernet Pvt Ltd or any third party;
To resell or advertise to resell the Services without KovaiFibernet Pvt Ltd’s authorization; To use the Service to send unsolicited commercial or bulk electronic mail messages to anyone
DOT Guidelines for Leased line /Enterprise Customers
1. Documents needed for availing leased line connection:
2. Availability of Network Diagram: Complete network diagram of the leased lines installed on the premises (along with the details of other communication links like PSTN, NLD, ILL etc.) that customer would have taken from KovaiFibernet Pvt Ltd or any other service providers has to be maintained by the customer. The same should be made available on demand at the time of inspection by ISP or regulatory office as required by law
3. ISP rights of Periodic Inspection: As per regulatory guidelines ISP has to carry of Periodic Inspection of leased line customer site for verification of bona-fide use of connectivity given & need to record reason for taking connectivity
4. Central Authentication of Internet & Wi-Fi: Leased line customer has to maintain centralized authentication for Internet Service including Wi-Fi usage.
5. NAT SYSLOG retention:Customers using NAT (Network Address Translation) need to maintain NAT SYSLOG as per regulatory requirement and the same needs to be made available on demand for period of one year.
6. OSP/Non-OSP Declaration: Leased line customer has to provide declaration on OSP status at the time of availing connection as well in inspection