TERMS & CONDITION
The under mentioned terms and conditions apply to all Telecom Services provided -
D-voiS Communications Private Limited
- ‘D-voiS Communications Private Limited’ or ‘D-voiS’ or ‘I-ON’ means a company incorporated under the provisions of Companies Act, 1956, having its registered office at 11/1 KHR house , 2nd floor, Palace Road, Bangalore – 560052, India.
- I-ON is the registered brand of D-voiS under which the services are provided.
- ‘Customer Premises Equipment’ or ‘CPE’ shall mean and any other equipment/ accessories included with it and supplied (but not sold) by I-ON.
- ‘Customer Equipment’ shall mean any equipment not provided by I-ON.
- ‘Network’ shall mean I-ON’s network through which services are or would be made available to the Customer.
- ‘Relationship Period’ shall mean the period commencing upon activation of the services and shall run in concurrence with the license agreement under which I-ON is authorize to provided services within the network (License Agreement’), unless otherwise terminated.
- ‘Services’ shall mean all Telephone Services provided by I-ON to its customers, shall include Telephone, Internet, Value Added Services (VAS) and/ or any supplementary/additional services made available to the customer.
- ‘Customer’ shall mean a person (including any entity or association of persons) who has subscribed to the Services after completing the required formalities i.e making necessary payment etc, and gets activated on I-ON’s network. Mere execution of the CRF (Customer Registration Form) shall neither constitute a person to be a customer/subscriber or consumer of I-ON.
- ‘Subscriber Application Form’ or ‘SAF’ shall mean the Non-Transferable Form appended herewith, which has been filled and executed by the customer for subscribing to the services.
- ‘Tariffs’ shall mean all the Rates, Fees, Charges, Levies etc. and related conditions including but not limited to Activation Fee, Usage Charges, Deposits, Advances and Services Tax and any other Statutory outgoing under the Tariff schedule as notified by I-ON for providing services.
I-ON reserves the right:
- To seek and/or verify the particulars including financial information provided by the customer, either by itself or from independent sources.
- To reject any SAF, in case the particulars provided therein are incomplete, incorrect or for any other legally just and valid reason. The information provided by the customer / gathered by I-ON shall become I-ON’s property even if SAF is rejected and I-ON may use the said any lawful purpose, subject to the applicable laws and regulations.
- To amend the present Terms and conditions for the proper provisioning of services or to comply with the applicable laws and regulations.
- Services will be provided within a reasonable time, on receipt of duly completed SAF, I-ON will use all reasonable endeavours to provide and maintain services during the subscription period.
- I-ON has the right to Predetermine, Prefix or Re-Fix the credit limit for the usage of Services availed by the customer based on its internal credit rating. In the event of exceeding of the credit limit, the Customer shall be liable to make interim payment forth with for the services availed including rentals failing which I-ON reserves the right to totally or partially disconnect/suspend the services.
- Quality , Functionally and/or Availability of the services, may be affected and I-ON, without any liability, whatsoever, is entitled to Refuse, Limit, Suspend, Vary or Disconnect the services at anytime, for any reasonable causes, including, but not limited, to the following:
- Any/all applicable Rules, Regulations, Orders Directions, Notifications, License Agreement Conditions etc, issued by the Government/ Telecom Regulatory Authority of India (TRAI) etc.
- Any discrepancy in particular(s) provided by the Customer.
- If the customer is in default (including past defaults) in making payment for the Services.
- During Technical Failure, Modification, Up-gradation, Variation, Relocation, Repair and/or Maintenance of the Systems/Equipments.
- To combat Potential Fraud, Sabotage Wilful Destruction, National Security or for any other force majeure reasons etc.
- Transmission limitations caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitations and/or availability of suitable cell-sites.
- If service are used in violation of any law, rule/regulation.
- Interconnection failure between I-ON and other service provider(s)
- Any other reason, which is found to be reasonable by I-ON warranting limiting/suspension/disconnection of Services.
- Customer here by give their consent to I-ON and its associates entities to contact them for the service related purposes through Telephone Call, SMS Messages or E-Mail to the Mobile Number and Email ID provided by the Customer.
3. BILLING, PAYMENT AND SECURITY DEPOSIT
- I-On shall bill the customer as per the billing cycle which shall run on a frequency as may be decided by I-ON from time to time. Taxes shall be as per applicable law.
- Customer shall pay the Subscription Amount in advance as these are Pre-paid services.
- No payments are to be made in case. Only A/c Payee Crossed Cheque or a Bank’s Demand Draft is valid.
- Customer shall deposit, such amount as interest free security deposit as may be determined by I-ON. I-ON reserves the right to Forfeit/Adjust/Apply the said security deposit in full or in part satisfaction of any sum which may be due from the customer to I-ON at any time. Customer shall continue to be liable for balance if any. I-ON may call for additional security deposit for services, made available to the Customer.
- I-ON, in accordance with TRAI Guidelines/Rules/Regulations is entitles to Charge, Vary, Add, Withdraw any services and/or to vary Tariff on these services and/or make any service chargeable which is not initially or at any stage liable for balance, if any. I-ON may call for additional security deposit for Services, made available to the Customer.
- Upon Delay/Non-Payment of Bills beyond the due date or non-deposit of any applicable fee, charge or deposit, or any increase thereof, I-ON reserves the right to totally or partially disconnect the Services of such customer. For restoring the Services, the Customer shall have to apply for Restoration Charges.
- I-ON will not be liable for the Customer equipment being Faulty / Incompatible; Customer must pay all dues in full, without any deduction, set-off or withholding.
4. CUSTOMER'S OBLIGATIONS
- If the CPE (Customer Premises Equipment) is lost or stolen, the Customer shall forthwith inform I-ON. This notification shall authorize I-ON to suspend all or any part of the Services and/or disconnect the Services. However, the customer shall be liable for all the charges incurred before such notification and suspension of Services by I-ON. I-ON reserves the right to charge reasonable amount as CPE replacement charges from the Customer.
- Customer shall not use the Services for any unlawful immoral or abusive purpose 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 Obscene Threatening, Harassing messages/communications or sending messages or communications that affect national interest, or create any damage or risk to I-ON or its Network/Equipments/Call Centre and/or other Customer(s).
Any violation or misuse by customer shall under no circumstances be attributed to I-ON and the customer shall be solely responsible for all such acts or omissions. The customer hereby agrees to indemnify, help D-VoiS communications Private Limited harmless against any claims including any claims arising by anyone else using the Telephone Facilities availed by the customer.
- Customer shall intimate I-ON about the change in address, if any, in writing alone with such proof, as may be deemed necessary by I-ON.
- Customer shall not use the Services as a “OSP” (Other Service Provider).
- Privacy of communication is subject to the terms of the license agreement of I-ON with DoT and other statutory and regulatory notifications/directives etc. The customer specifically agrees that in order to facilitate I-ON to provide services, I-ON 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 discretion and without intimating the Customer.
- The Customer shall have no title and/or ownership and/or interest in the CPE and therefore shall not be entitles to Transfer/Assign/Lease and/or otherwise part with the same under any circumstances. The ownership and effective control over the CPE shall always remain with I-ON. The customer shall not claim any charge or lien on the CPE, even if any dispute is pending between the customer and I-ON. Customer shall be responsible for the maintenance and upkeep of the CPE subject to normal wear and tear.
- All CPE, provided (but not sold) by I-ON shall always remain absolute property of I-ON. The customer shall only have use the custody of the equipment or other Equipment/Accessories during the enrolment period.
- The CPE has been provided to the customer in order to facilitate I-ON to exclusively use the same for rendering its Services. The customer shall not deal with the CPE independent of I-ON in any manner whatsoever.
- Customer shall neither shift the CPE nor transfer the same in any manner. In case the customer fails to comply with the terms and conditions or enrolment I-ON reserves the right to lift or remove the CPE from the Customer’s Premises and terminate the enrolment without any liability whatsoever on its part.
- Further, acceptance of Bill Payments by I-ON from person other than the customer does not mean acceptance of Transfer/Assignment/Lease of any rights or obligations of the customer to such person making the payment.
7. DISCLAIMER OF LIABILITY
- I-ON makes no express or implied Warranty/Guarantee, representation or undertaking whatsoever regarding the Services, which are not expressly mentioned herein.
- I-ON shall not be responsible for any acts or omissions of any third party including franchisees/dealers/distributors/retailers etc., with regard to scheme(s) which are not expressly authorized by I-ON.
- I-ON shall not be liable to the customer if any Delays, Loss of Business, Profit, Revenue or Goodwill, Anticipated Savings, Use of Contracts, Damages, Fees Costs, Expenses, Orders, Judgments, etc or for any indirect or consequential loss, howsoever it arises for or account of unavailability/usage of Services or otherwise.
- I-ON shall not be liable to the customer for Injuries or Damages resulting from Omissions, Interruptions, Delays, Errors in Transmission, Failures or Defects, in equipments, or any other cause including but not limited to the failure or defects in equipments, or any other cause including but not limited to the failure to transmit, which are connected with incidents of Fire, Explosion, War, Riots, Strikes, Lockouts, Picketing Boycotts, and cause originating in the facilities or operations of other telecom or allied service providers and other reasons or causes beyond the control of I-ON or for any reason whatsoever.
- The Terms and conditions herein shall be subject to the notifications/guidelines issues by TRAI and DoT, from Time to time.
8. ADDITIONAL T&Cs FOR TELEMEDIA SERVICES
- The Internet/Broadband speed available to the customer is the maximum prescribed speed for which the customer is entitled and I-ON 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.
- It is clearly understood that installation of Internet/Broadband services require several vital and time consuming activates, inter-alia including laying down of cables, proper wiring of the area, other technical requirements etc. and therefore I-ON does not prescribe or hold out any fixed timeline after execution of SAF, during which the said services shall be activated.
I-ON shall Endeavour to activate the service within reasonable time and it is expressly agreed that the person executing the SAF shall not be entitles to raise any claim or action or damages of whatsoever nature on account of delay in activation of services and the customer shall only be entitles to refund of the initial amount paid by the customer.