TERMS AND CONDITIONS
1. All the plans mentioned in the Tariffs page are either Post-pay, Advance-pay or Pre-pay based on your selection.
2. There are no Installation and Activation Charges, but only refundable security of Rs.1500/- will be charged for FTTH modem supplied by us.
3. No usage limit. However, after total data usage limit is crossed, speed will reduce to 2Mbps for 50/100 Mbps plans and 1Mbps for all other plans.
4. Data Usage includes Download and Upload.
5. Internet service is provided over fiber to the Home/ Building (FTTH/ FTTB) or fiber to the Neighbourhood (FTTN) network; Service availability is subject to technical feasibility.
6. Usage in every session will be measured and recorded in Bytes.
7. The charges are Inclusive of Service Tax and would be collected at the time of filling up of Customer Agreement Form (CAF).
8. The Tariff Plans/Offers are subject to Guidelines/Directions/Orders issued by TRAI and/or DoT.
9. Gigatel Infocomm Pvt. Ltd. reserves the right to modify/withdraw the tariff plans without prior notice.
10. Duly filled-in and signed Tariff Selection sheet by the Customer is an integral part of the CAF (Customer Agreement Form).
11. Download/Upload speed indicated is speed up to our ISP node. Broadband speed available to the Customer is maximum prescribed speed for which the Customer is entitled and Gigatel Infocomm does not hold out any assurance that the said speed shall be maintained at all times and the same may vary depending upon the network congestion, technical reason or any other unavoidable circumstances.
12. Refund Policy: There is no refund policy for our prepaid services. However, in case of preactive cancellation full amount will be refunded.
This website www.gigatel.info is owned, operated and managed by Gigatel Infocomm Pvt. Ltd.
GENERAL TERMS AND CONDITIONS
“Gigatel Infocomm Private Limited” or “GIGATEL” means a company incorporated under the provisions of Companies Act, 2013, having its registered office at 9 Community Center, East of Kailash, New Delhi, Delhi 110065.
“Customer Agreement Form” or “CAF” means the form that has to be filled and executed by any person for becoming a customer of GIGATEL and it includes the terms and conditions enumerated in this Agreement.
“Customer” shall mean a person, including any entity or association of person, who has subscribed to the services after completing the required formalities i.e., making necessary payment, etc., and agreeing get activated to the services provided by GIGATEL. Mere execution of the CAF shall neither constitute to be a customer/subscriber or customer of GIGATEL.
“Customer Equipment” shall mean any equipment not provided by GIGATEL
“Customer Premises Equipment” or “CPE” shall mean and includes the equipment such as, but not limited to, modem, router, batteries, remote, cable, all software, hardware, etc., and any other equipment/accessories included with it and supplied, but not sold, by GIGATEL.
“Agreement Period” shall mean the period commencing upon activation of the services and shall run in concurrence with and till the period the customer avails the Services provided by GIGATEL, and the same shall be subject to the terms and conditions of this CAF.
“Installation Address” means the address delineated in the CAF by the Customer for installation of equipment for receiving the Service.
“IP Address” means operations of Internet Services which requires IP addresses (static or dynamic) for each permanent connection on Internet.
“Network” shall mean GIGATEL’s telecommunication networking through which services are or would be made available to Customer.
“Other Service Provider” or “OSP” means a company providing Application Services like e-commerce, tele-banking, tele-medicine, tele-education, tele-trading, call centre, network operation centre, etc., by using telecom resources provided by Telecom Service Providers.
“Services” shall mean the Broadband Internet Access Services and other Value Added Services (VAS) and/or any supplementary/additional services made available to the Customer by GIGATEL.
“Tariff” shall mean all the rates, fees, charges, levies, etc., and related conditions at which services may be provided including but not limited to activation or installation fees, charges, deposits, advance and service charges including service tax and any other statutory requirement under the tariff schedule as notified by GIGATEL for providing Services and tariff schedule as notified by GIGATEL for providing Services.
“TRAI” refers to Telecom Regulatory Authority of India.
GIGATEL reserves the right:
To seek and/or verify the particulars provided by the Customer, either by itself or from independent sources.
To reject any CAF in case particulars provided therein are incomplete, incorrect or for any other legally just and valid reason and without any liability whatsoever. The information provided by the customer/gathered by GIGATEL shall become property of GIGATEL even if the application is rejected and GIGATEL is not liable to return the same.
3. DISCLAIMER AND LIABILITY LIMITATION:
GIGATEL makes no express or implied warranties, guarantees, representations or undertaking whatsoever regarding the services/equipment, etc., unless explicitly and expressly mentioned in this CAF.
GIGATEL shall not be liable to customer and/or any person, firm, body corporate claiming through under or in trust for the Customer and the Customer hereby waives and agrees to continue to waive all claims/actions of any delays, losses, including but not limited to loss to business, profit, revenue or goodwill demands fees, cost expenses, order, judgment, etc., direct, incidental or consequential, arising out of any delays, errors or defects is due reasons in clause 5.4 hereof, further the Customer remains solely responsible for his own negligence, acts or omission.
GIGATEL shall not be responsible for any acts of franchises or any other third party with respect to schemes which are not authorized by GIGATEL or which are purported to have been offered on behalf of GIGATEL without the explicit and specific sanction in written by GIGATEL.
The internet speed available to the Customer is the maximum prescribed speed for which the Customer is entitled and GIGATEL does not hold out any assurance that the said speed shall be maintained at all times and the same may vary depending upon the Network congestion, technical reasons or any other unavoidable circumstances.
GIGATEL shall not incur any liability for any of its bona fide action taken to protect Intellectual Property Rights (IPR) even if the information on the strength of which it has taken any action is later discovered to be unfounded or false.
GIGATEL shall not be liable to the Customer or held responsible for the services if such services pertaining to local connectivity have been acquired by the Customer through a Local Cable Operator (LCO)/Reseller.
4. CUSTOMER UNDERTAKING:
The Customer undertakes and agrees:
That the documents/details submitted by the Customer along-with the CAF are subject to clearance/acceptance by GIGATEL. In case of non-acceptance/rejection of the documents, the refund wherever applicable will be made subsequent to necessary deductions/fee as applicable and charged by GIGATEL from time to time.
To pay to GIGATEL the tariff charges as published and notified by GIGATEL from time to time. With a view to give all Customers optimum Service, the tariff plans offered by GIGATEL shall be subject to Fair Usage Policy as formulated and implemented by GIGATEL from time to time.
That the Customer is fully conversant with the Service and/or additional and supplementary services provided by GIGATEL together with its charges, specifications, requirements, limitations, etc., and has signed this CAF upon such understanding.
To comply with all applicable bye-laws, rules, regulations, order, direction, notification, etc., of the Government/Court/Tribunals/TRAI/DoT/Ministry of Information and Broadcasting (MIB) and shall also comply with all the directions issued by GIGATEL related to Network, Services, Equipment, and/or connected matter and shall provide to GIGATEL all information and co-operation as may be required by GIGATEL from time to time.
The Customer hereby gives consent to GIGATEL to collect, use , share, retain his/her personal and sensitive personal information, and contact him/her using his/her information for all purposes necessary for providing and improving services and suggesting additional services.
The Customer hereby gives consent and undertakes to indemnify GIGATEL in case the Customer acquires the services of GIGATEL through the local connectivity from a Local Cable Operator (LCO)/ Reseller.
5. PROVIDING THE SERVICE:
This Service shall be provided within a reasonable time of receipt and acceptance by GIGATEL of the CAF and subject to technical feasibility.
GIGATEL shall allocate a number and/or ID at its sole and absolute discretion and connect Customer Equipment or CPE as the case may be, to the network and will use all reasonable endeavor to maintain connection and provide service(s) throughout the Agreement Period. The said number/ID shall remain in the exclusive domain of GIGATEL and the Customer is entitled to use the same during the Agreement Period. Upon termination of the Agreement Period, GIGATEL shall have the right to allocate the said number/ID to any other customer in its sole discretion and can also alter/change the same for any reason whatsoever.
All discounts/special benefits/scheme(s) pertaining to the Services shall be as per the terms and conditions specified by GIGATEL from time to time.
Quality, functionality and/or availability of the services may be affected and GIGATEL, without any liability whatsoever, is entitled to refuse, limit, suspend, vary or disconnect the services, at any time, for any reasonable cause, including but not limited, to the following –
Any violation of applicable rules, regulations, orders, directions, notifications, conditions issued by Government/TRAI, etc.;
Any discrepancy in the particular(s) provided by the Customer;
If the Customer is in default (including the past defaults) in making payments for the Services or for any other telecom service provided by GIGATEL;
During technical failure, modification, up-gradation, variation, relocation, repair and/or maintenance of the system/equipment(s);
To combat potential fraud, sabotage, willful destruction, national security, or for any other force majeure reasons, etc.;
Transmission limitation caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitation and/or due to non-availability of suitable technical sites to install/upgrade network;
Due to acts of God or circumstances beyond the control of GIGATEL, including insurrection or civil disorder or military operations, national or local emergency, industrial disputes of any kind (whether or not involving employees of GIGATEL), fire, lightening, explosion, flood, inclement weather conditions, acts or commission of person or commission of person or bodies for whom GIGATEL is not responsible or any Act, Regulations, Policy of the Government of India or State Government or any other Statutory Authority;
If services are used in violation of any law, rule, regulation, or for a purpose other than declared by the Customer at time of subscription;
Any bona fide action taken by GIGATEL to protect its Intellectual Property Rights (IPR) or such rights of the content providers or any other person, whose interest it is bound to protect by virtue of contractual obligations or by law;
Any other reason, which is found to be reasonable by GIGATEL warranting limiting/disconnection of services.
6. SERVICES & DISCOUNTS:
GIGATEL is entitled to add, alter, and withdraw any additional or supplementary Services including the charges for the same at anytime, in its sole discretion within the realm of TRAI guidelines. Provision of additional or supplementary Services, if any, shall be on such other/additional term as specified by GIGATEL from time to time and such additional terms/conditions shall be deemed to be a part and parcel of this CAF.
All discounts or other special benefits/schemes pertaining to the Service and/or additional/supplementary Service announced by GIGATEL from time to time shall have a time limit as declared by GIGATEL. GIGATEL shall further have the sole right to withdraw/vary/extend any or all such discounts or benefits at any time and without incurring any liability whatsoever in this regard either directly, indirectly or consequential and the Customer shall not have any claim or right in such eventuality.
Different plans/schemes/add-ons/tariff plans/packages etc., offered by GIGATEL shall have correspondingly different composition/price/charges/fee and terms and conditions, all of which are subject to change by GIGATEL from time to time but within the overall guidelines of TRAI.
7. BILLING, PAYMENTS AND SECURITY DEPOSITS:
GIGATEL shall bill the Customer as per the billing cycle which shall run on a frequency as may be decided by GIGATEL from time to time. GIGATEL reserves the right to change the billing cycle as and when deemed necessary. Taxes shall be as per the applicable law.
Bills will be sent at the billing address of the Customer as mentioned in the CAF. GIGATEL shall not be responsible for non-receipt of bill(s). In such event, it shall be incumbent on the Customer to enquire about the dues and settle the same. All charges must be paid in full without any deduction, withholding, etc., if the Customer fails to make the payment within or by the due date specified in the Bills, GIGATEL will be entitled to charge Rs.10 per day till the date of clearance of the outstanding by the Customer.
All payments are to be made by the prescribed due date. All non cash payments are subject to realization. Payment beyond 7 days (for post paid subscriptions) from due date shall entail late fees as prescribed by GIGATEL from time to time and taxes thereon. The same shall be payable from due date till actual realization of payment. Any delayed payments by the Customer entitles GIGATEL to withdraw any applicable discount/benefit. This however is without prejudice to the rights of GIGATEL to suspend or disconnect and the Service partially or fully due to non-payment. For restoration of the Services, the Customer shall have to apply for reactivation of the connection, after making the due payment and the applicable restoration charges.
Customer shall own the liability for the cheques submitted against the subscription. Any such cheques getting dishonored, may invite penalty on Customer as decided by GIGATEL and without prejudice to the statutory (civil and criminal) remedies available to GIGATEL under law.
Customer shall pay all dues in full, without any deduction, set-off or withholding in respect of telecom services availed from his/her number/ ID, whether or not authorized by Customer and whether or not these exceed the assigned credit limit.
In case of any dispute(s) regarding the charge(s) levied, Customer shall intimate GIGATEL in writing within seven (7) days of receipt of the bill(s). Customer shall also pay full amount of disputed charges, if any, irrespective of any pending dispute(s). However, no waiver by GIGATEL to the Customer shall, in any event, become effective unless the same is in writing and such waiver shall be effective for the limited and specific instance described and for the specific purpose for which the waiver is given.
Acceptance of payment by GIGATEL from a person other than the Customer will not amount to GIGATEL having transferred or subrogated any of the rights or obligation of the Customer to such third party.
Customer shall deposit such amount as interest free security deposit as may be determined by GIGATEL. GIGATEL reserves the right to forfeit/adjust/apply the said security deposit in full or in part satisfaction of any sun due from Customer to GIGATEL at any time. Customer shall continue to be liable for balance, if any. GIGATEL may call for additional security deposit for services made available to the Customer.
GIGATEL will not be liable for Customer equipment being faulty/incompatible. The loss or inability to use the Customer equipment shall not absolve the Customer from his liability to pay charges on account of Customer Equipment. Customer must pay all the dues in full, without any deduction, set-off or withholding.
All taxes, present and future and additional taxes/cess/duties, etc., levied by Government/Local Authorities, etc., with respect to services provided under this CAF will be charged to the Customer’s account.
8. CUSTOMER OBLIGATIONS:
Customer shall not use the Services for any unlawful, immoral, or abusive purposes in violation or derogation of any law/rule or regulation or statutory directive or order for the time being in force or against any public policy or for sending/receiving any obscene, threatening, harassing messages/communications or sending messages or communications that affect national interest, or create any damage or risk to GIGATEL or its network, equipment, etc., and/or any other customer(s). Any violation or misuse by Customer shall under no circumstances be attributed to GIGATEL and the Customer shall be solely responsible for all such acts or omissions.
Customer shall intimate GIGATEL about change of information given in and with this CAF, if any, in writing within one(1) week of such change along-with such proof as may be deemed necessary by GIGATEL.
Customer shall not use the services as a ‘OSP’ (Other Service Provider) for the purposes of telemarketing, directly or indirectly, without submitting to GIGATEL the required approvals/registrations from the relevant authorities.
Customer agrees not to use the internet services for any illegal purposes.
9. GENERAL TERMS & CONDITIONS:
Customer undertakes and agrees to take the required measures to ensure that spam malicious traffic is not generated from Customer end. If at any time span activity – unwanted or malicious, is detected or observed from the Customer link, GIGATEL reserves the right to terminate, lock or suspend the link with immediate effect without any notice to the Customer.
The procedure for metering of charges, shifting, transfer, closure, safe custody of Services, etc., shall be such as may be determined and/or varied by GIGATEL from time to time. The shifting of each of the services availed by the Customer is subject to the condition that the area is covered by GIGATEL and the same is technically feasible.
All equipment (CPE), provided by GIGATEL shall always remain the absolute and sole property of GIGATEL; in no case shall the same be considered as sold to the Customer. The Customer shall only have the right to use the equipment or other equipment/accessories during the Agreement period. The CPE must be kept by Customer in good and working condition.
GIGATEL will test the CPE prior to its installation and the Customer shall certify its functionality at its premises at the time of installation. Thereafter, GIGATEL shall not be responsible for any defect/fault, etc., that is not expressly covered by the manufacturer’s warranty of the equipment. Any such repair/exchange carried out by GIGATEL for failure/defects shall be charged from the Customer as per GIGATEL policy on the subject from time to time. Any change or defect to CPE arising out of misuse or intentional damage or accidental damage or Force Majeure event shall also be charged to the Customer account.
The Customer hereby undertakes and agrees to return the equipment immediately on temporary suspension of service or disconnection for any reason including the reason cited in clause 5.4. The Customer shall not claim any interest, charge, or lien on the CPE(s) even if any dispute is pending for resolution between the Customer and GIGATEL.
Customer hereby undertakes and agrees that the Customer shall neither shift the equipment nor transfer the same in any manner. In case the Customer fails to comply with the terms & conditions, GIGATEL reserves the right to lift, remove the equipment from the Customer premises and terminate the Customer Agreement without any liability whatsoever on its part.
Notwithstanding anything mentioned in these Terms & Conditions, GIGATEL disclaims all its liabilities, warranties, responsibilities and service level assurance with regards to its service, in case the Customer installs or uses any customer equipment or customer premises equipment not provided by GIGATEL for availing the services provided by GIGATEL. It is further clarified that GIGATEL shall not be liable for any claim, loss or damage of whatsoever nature that may arise due to use/installation of such customer equipment or customer premises equipment by the Customer.
GIGATEL shall have the right to undertake inspection at the specified address or premises of the Customer to check for the bona fide usage of the Services and to ensure that there is no violation of its or any third party’s Intellectual Property Rights (IPR). The Customer undertakes and agrees to provide cooperation, facilities, access to violation of the terms & conditions contained herein or IPR, GIGATEL’s IPR, GIGATEL or its employees or its agents shall be entitled to take photograph or video-graph of such violation or any other measure necessary for recording such violation.
Nothing contained herein shall be deemed to grant the Customer either directly or by implication, any right to license or otherwise, in respect of any intellectual property, inter-alia, in any software, concept know-how, processes development tools, techniques or any other proprietary material or information that GIGATEL may provide to the Customer in course of provision of the Services.
Only service personnel so authorized by GIGATEL in this regard shall be allowed to inspect and rectify the equipment in case of any malfunction, if any, as and when reported by the Customer.
Proper and effective use of telecom services is the responsibility of the Customer. Customer will be liable to pay the entire amount of bill arising due to usage of services (or VAS) from the Customer’s account.
GIGATEL may block internet sites and/or individual Customer, as identified and directed by DoT or designated security agencies from time to time.
Except as provided elsewhere in this Agreement/CAF, either party may terminate the Agreement by giving the other party not less than 30 days prior written notice in this respect, but such notice shall not absolve the Customer of its liability to make payment of the amounts that may be due, outstanding as on the date of termination. The Customer undertakes to pay for the respective usage made while he/she was a Customer, even if some usage charges are billed in such Customer’s name after his/her ceasing to be the Customer bur pertains to the period when he/she was Customer.
11. NON TRANSFERABLE:
The parties hereby agree that the Services provided by GIGATEL are non-transferable.
Privacy of the communication and data usage or content is subject to the terms of license agreement of GIGATEL with DoT/MIB and other statutory and regulatory notifications/directives, etc., and agreements with the content providers, etc., if any. The Customer specifically agrees that in order to facilitate GIGATEL to provide services, GIGATEL may be required to disclose any information or particulars pertaining to the Customer to any authority, statutory or otherwise, including but not limited to any debt collection agency, credit reference agency, security agency, and reserves the right to comply with the directions of such authorities at its direction and without intimating the Customer.
13. ENTIRE AGREEMENT:
Unless otherwise specifically stipulated in writing to the contrary, the terms and conditions herein contained shall supersede and prevail over terms and conditions in any other document(s) signed and submitted by the Customer.
This agreement together with all contract forms, addenda and schedules assigned by the parties constitute the entire agreement between the parties.
14. FORCE MAJEURE:
No party shall be liable for delay in performing or failure to perform any of the provisions of this Agreement due to any event constituting a force majeure event. For the purpose of this Agreement force majeure shall mean an event or circumstances outside the reasonable control of either party to this agreement which they could not have reasonable foreseen and guarded against and which by exercise of reasonable care and diligence they are unable to prevent including but not limited to an Act of God and natural disaster, outbreak of hostilities, riot, civil disturbance, the act of any government authority, fire, explosion, malicious damages, boycotts, strikes lockout or industrial action of any kind.
In the event that the force majeure continues for a period of more than 30 (Thirty) days and substantially affects the commercial intention of this Agreement, the affected party shall have the right to terminate this Agreement upon written notice of such intention to terminate.
15. DISPUTE RESOLUTION:
Any dispute and differences arising between the Customer and GIGATEL will be referred to a sole Arbitrator to be appointed by GIGATEL. The provisions of Indian Arbitration and Conciliation Act, 1996 shall be applicable for the governance and resolution of such dispute and proceedings. The Courts in New Delhi will have jurisdiction for the purposes of this CAF.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.