GENERAL TERMS & CONDITIONS
Subject to the acceptance of the application and technical feasibility iBUS Networks will endeavor to provide the Broadband/Voice Service as soon as possible.
The contract with iBUS Networks for provision of Broadband/Voice Service will be for a minimum period of 6 months from the date of commencement (depending upon the plan chosen) in accordance with the tariff plan opted.
The data rates shown as down streams or upstream is applicable only to last mile. However, iBUS Networks does not hold responsibility for lesser download or upload data rates caused by the accessed website status or the internet backhaul provider.
Shifting of Broadband/Voice connection subject to the technical feasibility would be done on payment of the applicable shift charges.
iBUS Networks shall
Endeavour to provide reliable & efficient services to its customer as per good industry standards.
Update its Internet services, provide new facilities, modify & delete certain features without prior intimation.
Upgrade its network capacity, bandwidth, speed & add new nodes & reconfigure its network as it may deem necessary.
Customer assumes total responsibility and risk for use of the Internet Services.
SPECIFIC CONDITIONS OF SERVICE
Customer Conduct:
The Customer undertakes to fully comply with all applicable laws and regulations including without limitation, the provisions of the Indian Telegraph Act 1885, the Indian Telegraphs Rules, 1951 made thereunder, Indian Wireless Telegraphy Act 1933, IT Act 2000 and TRAI Act 1997 and any amendments or replacements made thereto from time to time.
The Customer will ensure that the Services provided by iBUS Networks shall not be used by the Customer himself nor the Customer shall allow his Customers or any other party to use same for any purposes other than the purposes permissible under the applicable statutory or regulatory provisions as may be amended from time to time by the Telecom Regulatory Authority of India and Department of Telecommunications, Government of India.
The Customer shall be responsible to obtain its own IP address and domain name from the competent authorities. iBUS shall put reasonable efforts to help Customer procure such IP. However, in case the IP addresses are taken from iBUS Networks, the same shall not be re-assignable or portable by the Customer and shall be returned to iBUS Networks on the termination of the Services.
The Customer shall ensure that objectionable, obscene, unauthorised or any other content, messages or communications infringing copyright, Intellectual property right and international & domestic cyber laws, in any form or inconsistent with the laws of India, are not carried in his network by him or any other person using his network. The Customer must take all necessary measures to prevent it. The use of the services for anti-national activities would be construed as an offence punishable under the Indian Penal Code or other applicable law. Acts such as break-ins or attempted break-ins of Indian networks shall be regarded as an anti-national act and shall be dealt with in accordance with, but not limited to the Indian Penal Code read with the Information Technology Act. The Customer must ensure that the services provided by iBUS Networks is not used for such unauthorized or illegal purposes by him or any other person using his network.
The Customer is permitted to use encryption upto 40-bit key length in the RSA algorithms or its equivalent in other algorithms without having to obtain permission. However, if the encryption requirement is higher than this limit, the Customer shall obtain the permission of the concerned Telecom Authority and shall deposit the encryption key, split into two parts, with such Telecom Authority.
Illegal Use
Internet service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, and violates export control laws or anti national.
Email: It is a condition of use of internet services that subscriber do not post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A subscriber shall not use another site's mail server to relay mail without the express permission of the site. Posting a message and subscribing without intent to large number of news groups, forums, e-mail, mailing lists or other groups or lists is prohibited. Mail Relay using mail servers of other ISPs depends upon the policies of respective ISPs over which we have no control
iBUS Networks may block internet sites as identified and directed by the Department of Telecommunications, Telecom Regulatory Authority from time to time.
Customer has given iBUS Networks to understand that the required measures are taken by customer to ensure that spam/malicious traffic is not generated from customer end. Anytime spam activity/unwanted/malicious is observed from customer link, iBUS Networks will terminate the link immediately without any notice.
Service Level
iBUS Networks warrants that the Services shall be of the acceptable grade, consistent with the established and good industry standards. However, the quality, functionality, availability or reliability of the same may be affected from time to time. Further, iBUS Networks and Infrastructures Pvt. Ltd. shall be entitled to, without any liability, refuse, limit, suspend, vary, disconnect and or availability or reliability of the same may be affected from time to time interrupt the Services, in whole or in part, at any time, for any reason and/or due to various factors including but not limited to:
Government’s rules, regulations, orders, directions, etc.
Force Majeure circumstances.
Changes to conditions
iBUS Networks may change, amend or revise the above regulatory terms and conditions at any time as and when necessary in order to comply with any statutory, legal or regulatory requirements and the Customer agrees to abide by such modified terms and conditions. Such changes, amendments or revisions shall be deemed effective upon posting an updated and duly dated regulatory compliance to the Customer via email, fax, post or through any other medium opted by iBUS Networks.
Payments
It would be the responsibility of subscriber to make monthly or quarterly payment for Internet /Voice Services. iBUS Networks would disconnect the service in case of non-receipt of monthly payment without giving any Notice to the subscriber.
Right to terminate service
iBUS Networks reserves the right to disconnect the service to any customer in case there is sufficient evidence of the customer intentionally or unintentionally using the service in a manner which would adversely impact iBus Network.
iBUS Networks reserves the right to terminate the services in the event of non-payment of bills preferred by iBUS Networks in accordance with the tariff plans opted by the customer and the extent of usage or any default on the part of customers.
Disclaimer
While every effort is made by iBUS Networks to provide highest quality of services to its customers of BROADBAND/VOICE Services, the linking, quality and speed of data transmission and voice calls are entirely dependent on the telephone line connectivity as may be permitted by iBUS Networks systems. Accordingly, iBUS Networks shall in no event be responsible to the customer in any manner whatsoever for any failure, defect, delay in connectivity or accidental loss of connectivity of the customer with iBUS Networks network computer or the deficiency in data transmission between the customer and iBUS Networks network computers, or for any inconvenience, damage or loss that may be caused to any one or of any kind arising there from. iBUS Networks is not responsible for subscriber’s computer hardware and software or areas of the Internet not under its control. iBUS Networks does not warrant privacy, security, or efficiency of the Internet. iBUS Networks is not responsible for actions taken by its customers or others as a result of its services. iBUS Networks is not responsible for material any person may receive or transmit via the Internet, or for anything bought or sold via the Internet, or for any other result of an action taken by anyone using its service. The BROADBAND/VOICE Service is provided by iBUS Networks 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 of fitness for a particular purpose. No advice or information given by iBUS Networks, its affiliates or their respective employees shall create a warranty. Neither iBUS Networks nor its affiliates warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components. Under no circumstances shall iBUS Networks, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from customers, use of or inability to use the service or to access the Internet or any part thereof, or customers reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
Force Major
If at any time, during the continuance of iBUS Networks BROADBAND/VOICE Services, 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, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., the subscriber shall not have any claim for damages against iBUS Networks in respect of such non-performance or delay in performance of iBUS Networks Internet & Voice Services.
Arbitration of Disputes
That in case of any dispute or differences, breach & violation relating to the terms and conditions the said matter or dispute, difference shall be referred to the sole arbitration of CEO of iBUS Networks or any other person appointed by him. That the award of arbitrator shall be final and binding on both the parties. In the event of such Arbitrator to whom the matter is originally referred to is being transferred or vacates his office on resignation or otherwise or refuses to do work or neglecting his work or being unable to act as Arbitrator for any reasons whatsoever, the CEO of iBUS shall appoint another person to act as Arbitrator in place of outgoing Arbitrator and the person so appointed shall be entitled to proceed further with the reference from the stage at which it was left by the predecessor. Subscriber will have No objection in any such appointment that arbitrator so appointed is an employee of the iBUS Networks same as above, the said Arbitrator shall act as under the Provision of the Arbitration and conciliation Act, 1996 or any statutory modification or re-enactment thereof or any rules made thereof.