Max Technology - Terms of Use

General Terms of Use

INTERPRETATION
1. In this context unless the context otherwise requires:
  Company means Max Technology & Support Services Pvt Ltd having its registered office at 22/A, Barasat Road, Wireless Para, Anandapuri, North 24 Parganas, Barrackpore, West Bengal 700122, its successors and assignees. and all other entities involved in the provision of the Service.
  “The Tariff” and "The Service Packages" inserts the schedule of charges for the Service, which the Company publishes,
  “Contract" means the agreement between the Company and Customer incorporating these conditions, the registration form displayed and completed and the Tariff.
  "Customer" means any person as defined under General Clauses Act 1899 who the Company makes this Contract with. It includes a person who is acting on or for behalf of the Customers.
  "Information" means the visual, textual or other information published or otherwise mode available (directly or indirectly) on the Internet.
  "The Internet" means the global data network comprising interconnected networks using TCP/IP ("Transmission Control Protocol/lntemet Protocol")
  "The Service” means the service provided by the Company whereby Customer can gain access to the Internet and where applicable, only Service and facilities which the Company provides and Customers uses in connection and which are invoiced to the Customer.
  "Subscriber” means a "Customer" who has purchased the Service from the Company, limited by data transfers and amount paid to the Company in advance for the Service.
  "Third Party Content” means all information, software and other content provided by any independent third party that can be accessed through or by virtue of the Service provided.
2. Company's Tariff/Terms and Conditions of Quotation contains explanations notes and conditions, which form a part of this Connectivity Agreement.
3. These conditions, along with the Tariff Plan and the Customer Agreement Form annexed herewith and duly completed with the mandatory proof of identity (KYC, etc.), shall form the basis of this Contract between the Customer and the Company for the provision and continuance of the "Service".
PROVISION OF THE SERVICE
1. Company reserves the right to grant or deny the service to a prospective Customer subject to all material particulars being found correct on verification by the Company.
2. This contract shall run in occurrence with License Agreement between Department of Telecommunications and Ministry of Communication. Government of India and the Company for the operation of Internet services subject to other terms and conditions of this contract being concurrently fulfilled.
3. Company agrees to provide Customers with the Service on the following terms and conditions:
  1. The subscriber acknowledges that no unused access limits will be carried forward after the expiry of download limit or after the expiry of amount paid by subscriber whichever is earlier.
  2. The Service is subject to being supplied for decent and lawful purposes only and without any express or implied warranties save for those warranties implied or imposed by under Indian Law.
  3. Customer has to render the Company in writing, any information required as per statutory requirement for use of the Service, without prejudice as and when ever called for submission of the same.
  4. The Service is provided on an 'AS IS and AVAILABLE’ basis without warranties of any kind, either express or implied including, but not limited to warranties of title, non-infringement or implied warranties of merchantability and fitness for a particular purpose. No advice or information given by the Company, its affiliates or their respective employees shall create a warranty. Neither the Company nor its affiliates warrant that the Service will be uninterrupted or be error free on that any information, software or any other material accessible on the Service is free of viruses, bugs. 'Trojan horses' etc or other harmful components.
  5. The Service remains the Company's exclusive property. Customer being licensed only within miscellaneous provision of this contract to use and obtain access to the Service. However, at the end of the contract, the right to use the Service ceases forthwith.
PROVISION OF HARDWARE FOR THE SERVICE
1. MC/Switch /LAN Card etc is not part of the Standard Service Package and will have to be purchased by the Customer independently.
2. Company/Channel Partners technicians will install the Cable wire upto the Customer's Premises, if the same is not already present in the Customer Premises and subsequently connect the cable to the Customer's Computer Local Area Network where Customer prefers to avail of the Internet Access.
3. Company/Channel Partner’s technicians may assist the customer to install MC/Switch/LAN Card and configure Customer's Computer / Local Area Network accordingly allow proper usage of the Service by the Customer.
CHARGES
1. The Customer acknowledges and agrees that they will pay the Company the initial sign-up fee or monthly fee (in advance), and any other charges as they fall due. Such charges, as may arise from time to time, will be notified to the Customer by the Company in accordance with this Contract. The Customer also agrees to pay all applicable statutory taxes relating to the use of the Service.
2. The Company shall not be liable to refund any amount to the Customer when the Service is unavailable or suspended.
3. The Company reserves the right to revise the tariff/service packages, terms and conditions, and security deposit for the Service from time to time at its discretion; such revisions will be binding on the Customer.
4. The Company will invoice the Customer on a periodic basis and the invoice will be posted, couriered, or e-mailed to the Customer.
5. Payment is due on the date specified on the invoice. All charges must be paid in full without any deduction, set-off, or withholding. If the Customer does not pay the amount due by the due date, the Company will be entitled to charge interest at 2% per month on the outstanding amount until it is paid in full.
6. It is the Customer's responsibility to enquire about outstanding amounts and, in case of non-receipt of a bill, to contact the Company and pay the amount due by the due date. The Company reserves the right to withdraw, suspend, or terminate the Service partially or fully in case of non-payment by the due date.
7. Where a security deposit (if any) is to be paid by the Customer, the Company is entitled to retain it and apply it in full or in part to satisfy any amount due from the Customer. On termination of this Contract, provided all amounts payable to the Company have been duly paid, the balance (if any) of the security deposit will be repaid to the Customer without interest.
8. All terms and conditions of the service packages, tariff plans, and payments shall be notified by the Company from time to time (for example by service package revisions) and shall be binding on the Customer. All subsequent revised service packages, manuals, booklets or terms and conditions issued by the Company from time to time shall be binding on the Customer.
USE OF THE SERVICE
1. The Customer will not reproduce, distribute, publish, copy, download, or otherwise exploit any third-party content that is protected by copyright or similar rights unless the Customer owns or controls the relevant rights or has obtained all requisite licenses and approvals. Reproduction, publication, copying, downloading, or exploitation of any third-party content by the Customer as described above will render the Customer liable for infringement of copyright or other applicable laws.
2. For the purposes of legal compliance or otherwise, the Customer further acknowledges, agrees and authorizes the Company to access, copy, amend, or delete any third-party content uploaded or provided by the Customer through the use of the Service where such content is, or in the Company's sole opinion is obliged to be, defamatory, in breach of copyright, illegal, or otherwise inappropriate to be accessed or provided through the Service.
3. The Customer must ensure that objectionable or obscene messages or communications that are inconsistent with applicable law are not generated or sent by the Customer. The Customer understands that the Internet contains unedited material, some of which may be explicit or offensive; access to such material is at the Customer's own risk. The Company has no control over, and accepts no responsibility for, such materials.
4. The Customer is responsible for and must provide all equipment necessary to access the Service. The Company reserves the right to disconnect or deactivate the Customer's equipment or software at any time without prior notice, including where the equipment or software interferes with the Company's other services. The Customer must comply with the Company's requirements as regards access equipment and the mode of access to the Service.
5. The Company reserves the right to amend any programme, information or locality which it provides through the Service. The Customer hereby agrees to abide by applicable laws relating to the use of the Service and any third-party content. The Customer must comply with generally accepted rules of conduct for proper use of Internet resources.
6. Through this Agreement, the Customer agrees to pay interest-free security deposits (normal or incremental), as applicable and as decided by the Company from time to time.
SECURITY
1. The Customer confirms and warrants that the information supplied by the Customer when registering for the Service is true, complete and accurate in all respects.
2. The Company reserves the right to verify the information given by the Customer in the application form and may use its authorized agents or representatives to verify the data at the addresses given by the Customer or from any other independent source. The Company reserves the right to use this information and data at its discretion.
3. The Customer agrees to notify the Company immediately of any changes to the information provided when registering for the Service, including any changes to the Customer's account details, by e-mail, fax, courier or registered post, duly acknowledged by the Company.
RESTRICTIONS ON USE
1. The Customer is not allowed to resell the Service (except the World Wide Web Service), and the right to access is subject to limits and restrictions established by the Company from time to time.
2. If the Customer is a value-added telecom service provider, the Customer is required to obtain the necessary permission and license from the Dy. Director General (CS), Department of Telecommunications, Sanchar Bhawan, 20 Ashoka Road, New Delhi-110001 (Tel: 011 332 6255 / 303 2855; Fax: 332 7656).
3. As per the Department of Telecommunications, Government of India, telephony over the Internet is not permitted. The Service will be automatically terminated for any violation of this clause of the Contract.
4. The Customer is required to fully comply with the provisions of the Indian Telegraph Act, 1855, and the Indian Telegraph Rules made thereunder, including any amendments or replacements from time to time.
LIABILITY
1. The Company shall not be a party to any transaction (including, without limitation, for goods, services and/or third-party content) between any third-party content provider and the Customer.
2. In no event shall the Company or its employees be liable to anyone for any direct, special, incidental or consequential damages arising out of or in connection with the use of, or the inability to use, the Service, including, without limitation, loss of business, revenue or profits, anticipated savings, wasted expenditure, corruption or destruction of data, or any other indirect or consequential loss whatsoever. The Company makes no guarantee of end-to-end bandwidth on the Internet.
3. The Company will make its best efforts to maintain the maximum possible uptime of the Service. However, the Company will not be responsible for actions beyond its control. The Customer acknowledges and accepts that, by the nature of the Service, there may be a number of factors affecting its provision and that the Company's obligation is one of best endeavours.
4. The Customer acknowledges and accepts that the Company shall not be liable for any downtime in the Service due to technical problems in the cable operator's network.
5. Any termination of this Contract shall not affect any accrued rights or liabilities of either party, nor shall it affect any provision which is expressly, or by implication, intended to come into or continue in force after such termination.
INDEMNITY
1. The Customer will be responsible and liable for, and will indemnify the Company against, any and all liabilities, actions and costs arising from the use of the Customer's account or the Service accessed through the Customer's account, including, but not limited to, claims for defamation, infringement of copyright or other intellectual property rights, and any breach or non-observance of the terms of this Contract by the Customer.
VARIATION OF TERMS AND CONDITIONS
1. The Company reserves the right to modify and amend this Contract, the service operating procedures, or any of its service fees, late charges and tariffs, and may discontinue or revise any or all other aspects of the Service at the Company's sole discretion.
WITHDRAWAL, SUSPENSION AND TERMINATION OF SERVICE AND TERMINATION OF CONTRACT
1. If the Customer commits a breach of any of the terms and conditions of this Contract, including non-payment or late payment of any invoice, or if the Customer's use of or actions in connection with the Service are, in the Company's sole opinion, inappropriate, the Company may, at any time and at its sole discretion, suspend or terminate the Customer's access to and use of the Service without prejudice to any other remedy available to it. Reinstatement of service will require full payment of outstanding balances and other charges, plus any applicable initial sign-up fee. The Company may, in its sole discretion, allow reinstatement in whole or in part.
2. The Company may suspend the Service during technical failures, modification, repair, or testing of the service network.
3. The Company reserves the right to partially or fully withdraw, suspend, or terminate the Service, with or without notifying the Customer, in case the Customer's payment instruments are returned unpaid by the Customer's bank for any reason.
4. Subject to Clause 11.1, the Company may terminate this Contract and the Service at any time by informing the Customer by post, courier, e-mail, or facsimile transmission.
5. If the Company suspends or terminates the Service pursuant to Clause 11.1, the Customer will have no right to any data stored, and the Company shall be under no obligation to make such data or any copies available to the Customer in any form. If this Contract terminates for any reason, Customer data stored at the Company's facilities may be erased without prior notice.
6. The Company reserves the right to appoint an agency and to authorize that agency to verify information provided by the Customer and to collect amounts on the Company's behalf. If any information in the application form is found to be incorrect, the Company reserves the right to partially or fully withdraw, suspend, or terminate the Service forthwith without giving any notice.
7. The parties to this Contract may terminate it without cause and without prejudice to the Company's rights as specified herein by serving at least 30 days' written notice on the other party.
FORCE MAJEURE
1. If at any time, during the continuance of the service, the performance in whole or part_ of any obligation under it shall be prevented or delayed by reason of war, hostility, Acts of the public enemy. Civil commotion. sabotage. fire, flood, earthquake, riots. bomb-blasts, explosion. epidemic, quarantine. restriction strikes. lock out. compliance with regulations, orders or instructions of any Central. State or Municipal Government on agencies thereof or any other Acts of God etc. Customer will not have any claim for damages against the Company in renews of such non-performance or delay in performance of the Service.
2. The Company shall not be liable to the Customer in any manner whatsoever. for any delay or failure in providing the Service. if the same is related or connected. directly or indirectly, to any reason that is beyond the control of the Company. For this purpose, a matter beyond the control of the Company shall include, but shall not be limited, to the following:
  1. Delay or disruption in the Service attributable directly or indirectly to the lines of the upstream gateway service provider.
  2. Delay or disruption in the Service attributable directly or indirectly to a change in law. any Statutory and/ or Regulatory Authorities and
  3. Delay or disruption in the Service attributable directly or indirectly to a change in law.
ARBITRATION
1. In the event of any question. dispute or difference arising out of provisions of the Service. the matter shall be referred to Arbitration. The Arbitration shall be governed as per the Arbitration and Conciliation Act of 1996, The Arbitration shall be held in Kolkata.
ARBITRATION
1. Company may assign this Contract at any time and that will be binding on Customer
2. This contract, the Service 'shall be nontransferable by Customer in nature and any private transfer effected by Customer shall not absolve the Customer of its primary duty towards the Company for the charges levied pertaining to such contract/service. However. Customer may seek Company's prior permission in writing for intended transfer. In case of such permission being granted by the Company. Customer shall be under an obligation to fulfill requisite documentation formalities and payment of charges as specified by the Company from time to time. The customer shall be liable and under an obligation to fully discharge its payable dues by the date of such regularized transfer from the Company.
GIVING NOTICE
1. Save as specified in this Contract, any notice or other communication to be given by the Company under this Contract shall be in writing and shall be served by either e-mail. facsimile. courier or post at Customer's address as specified in this Control or as are notified by the Customer as per clause 6c above.
LAW/JURISDICTION
1. If any Term or Condition in this Contract becomes or is declared illegal, invalid or unenforceable for any person such term or condition shall be divisible from this Contract and shall be deemed to be deleted from this Contract if any provision of this Contract is determined to be invalid the other provisions shall remain in full force and effect.
2. Neither the course of conduct between the parties nor trade produce will modify the provisions of the Contract.
3. The provisions of all obligations of and all restrictions on Customer will survive the termination this Contract.
4. No failure or delay on Company's part to exercise any right or remedy under this Contract shall be construed or operate as a waiver thereof nor Shall any single or partial exercise or any right or remedy preclude the further exercise of such right or remedy as the case may be, binding on the customer.
5. The laws of India govern the Contract and the Customer hereby submits to the jurisdiction of the Courts of Kolkata.