1.1 In this context unless the context otherwise requires:-
"Company" means Data Infosys Ltd. having its registered office at
Inside Jaipur Glass Factory,
Road, Jaipur -302018 and its successors and assigns, and all other
entities involved in the provision of the Service.
"The Price List" and "The Service Packages" means the schedule of
charges for the Service, which the Company provide.
"Contract" means the agreement between the Company and Customer
incorporating these conditions, the registration form and the Price
"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 Customer.
"Information" means the visual, textual or other information
published or otherwise made available (directly or indirectly) on
the Internet using the Service.
"The Internet" means the global data network comprising
interconnected networks using TCP/IP ("Transmission Control
Protocol/ Internet Protocol").
"The Service" means the service provided by the Company whereby
Customer can gain access to the Internet and, where applicable, any
Service and facilities which the Company provides and Customer uses
in connection with the Service and which are invoiced to the
"Subscriber" means a "Customer" who has purchased the Service
from the Company or its dealer/distributor, limited by downloads and
amount, and paid the Company or its dealer/distributor in advance
for the Service.
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.
1.2 Companys Price List contains explanations, notes and
conditions, which form part of this Contract.
1.3 These conditions, the Price List and the registration form
annexed herewith and completed shall form part and parcel of this
Contract between Customer and the Company for the provision of the
2. PROVISION OF THE SERVICE
2.1 Company reserves the right to grant or not to grant the service
to a prospective Customer subject to all material particulars being
found correct on verification by the Company.
This contract shall run in concurrence with License Agreement
between Department of Telecommunications and Ministry of
Communications, Government of India and the Company for the
operation of Internet services subject to other terms and conditions
of this contract.
2.3 Company agrees to provide Customer with the Service on
the terms and conditions of this Contract.
2.4 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.
2.5 The Company
would try to upgrade network capacity so as to provide desired speed of
connections to the subscribers. However the subscriber understands
that he would be able to operate at the desired speed only for 50%
The Service is supplied for decent and lawful purpose only and
without any express or implied warranties save for those warranties
implied or imposed by under Indian Law.
2.7 Customer has to give the Company in writing any information
required as per statutory requirement for use of the Service as
notified to the Customer from time to time.
2.8 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 of 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 error free or that any information, software or any
other material accessible on the Service is free of viruses, worms,
Trojans horses or other harmful components.
2.9 The Service remains Company's exclusive property,
Customer being licensed only during sustenance of this contract to
use it to obtain access to the Service. At the end of the contract
the right to use the Service ceases.
Temporarily User ID & passwords to access the service may be
provided on Media (Floppy/CD/Scratch Cards/Scratch Papers etc.). The
ownership of the Media used will remain the sole property of the
Company and on demand should be return to the Company.
services, training or trouble shooting of any Internet related
problem at subscribers premises may be done on chargeable
Value Added Telecom Service Providers would require necessary
permission/license from the concerned departments.
The Subscriber is required to use Telecom Engineering
Center (TEC) approved Interface equipments for accessing the
Internet Service of DIL.
The subscriber shall take full and sole responsibility for
preserving the secrecy of the password. The subscriber acknowledges
and accepts that considering the nature of the Service there will be
a need to change the password from time to time to avoid misuse and
to maintain secrecy. The Company shall not be responsible for any
wrongful or unauthorized use, under any circumstances. The Company
may change the password on written application and suitable charges.
The subscribers have to provide proof of ownership of the service to
the Company at the time of such requests.
Telephony on Internet is permitted to a limited extent i.e. (i) from
PC to PC within or outside India (ii) PC in India to Telephone
outside India (iii) IP based H.323/SIP Terminals connected directly
to ISP nodes to similar Terminals within or outside India. The
Customers shall strictly comply with the above and the persons
involved are liable to be proceeded with and punished.
2.16 The Company
would broadcast audio/video/ messages/commercials for the interest of
the general public.
PROVISION OF HARDWARE FOR THE SERVICE
Modem and other hardware is not part of the standard Service package
and will have to be purchased by the Customer.
The subscriber shall be exclusively responsible for making arrangements
for getting the necessary hardware and software at his end. It is
explicitly agreed that Company does not undertake any responsibility
with regard to procuring/ installing/ maintaining the hardware
and/or software at the customer's end.
3.2 The Company makes no warrantees
of any kind, expressed or implied in respect of the customers modem
and hardware, and also disclaims any warranty of fitness for a
acknowledges and agrees that they will pay the Company the initial
sign up fee or monthly fee and other charges as and when they fall
due as may from time to time be notified to Customer by the Company
in accordance with this Contract. Customer also agrees to pay all
applicable statutory taxes relating to the use of the Service by the
A port utilization charge equivalent to Rs.1 will be applicable on
every login to the services. Also there would be a pulse rate system
wherein the usage will be accounted in slabs of 5 minutes.
For the Internet connection offered under the category unlimited
hours /No Limit, the customer agrees that :
The subscriber will
specify his telephone number from where he will access the service.
The subscriber will be allowed access to the service only if he logs
in from the number specified during online registration. The
telephone number so specified cannot be changed.
A subscriber is
allowed to login to the service a maximum of Ten times between 0000
hours to 2400 hours, and a deduction of 24 hours will be made from
the validity period of the service, if the number of login to the
services exceed Ten times between 0000 hours to 2400 hours
unlimited hours /No Limit are meant for domestic/individual
consumption and will not be transferred, rented, or sold in whole or
part thereof for a consideration or otherwise at any point of time.
The category unlimited hours /No Limit can be used for a maximum of
8 hours a day cumulatively. A subscriber of category unlimited hours
/No Limit is allowed to login to the service a maximum of twenty
times between 0000 hours to 2400 hours, and a deduction of 24 hours
will be made from the validity period of the service, if the number
of login to the services exceed Twenty times between 0000
hours to 2400 hours or usage exceeds 8 hrs in a day. Company also
reserves the right that the user may not have access to the service
if the usage exceeds 8 hrs in a day. In such a case, the company
reserves the right to withdraw the service to such users and the
user will also forfeit balance usage left in his account with no
compensation paid. In case the category unlimited hours /No Limit is
used for professional/commercial purposes or by any office or
commercial establishment or for that matter by any self employed
professional/s or business/es operating out of small offices or home
offices or a cyber cafe or any location having a LAN or resale of
the Internet service is done in part or in whole, the service will
be withdrawn without notice and no compensation paid. It is
construed that the customer has understood all the product
specifications and its features while enrolling for the service.
If usage exceeds more than 6 hours in a day, there would be a
deduction of 1 day for every usage more than 6 hours in a day.
Company reserves the right to revise the charges, Price List,
Service Packages and security deposit for the Service from time to
time at its discretion, which will be binding on the Customer.
New /special scheme services are meant for
domestic/individual consumption and will not be transferred, rented,
or sold in whole or part thereof for a consideration or otherwise at
any point of time. In case new /special scheme services are used for
professional/commercial purposes or by any office or commercial
establishment or for that matter by any self employed professional/s
or business/es operating out of small offices or home offices or a
cyber cafe or any location having a LAN or resale of the Internet
service is done in part or in whole, the service will be withdrawn
without notice and no compensation paid. It is construed that the
customer has understood all the product specifications and its
features while enrolling for the service.
Where a security deposit is to be paid by the Customer, Company is
entitled to retain it and apply it in full or partial satisfaction
of any amount due from Customer to the Company. On termination of
this contract, provided all amount payable to the Company have been
duly paid, the balance (if any) of the security deposit will be
repaid to the Customer without any interest on the aforesaid
All the terms and conditions of the Service Package plans and
payments shall be notified by the Company from time to time by way
of Service Packages and shall be binding on Customer. All the
subsequent Service Packages/ manuals/ booklets etc., issued by the
Company from time to time shall be binding on Customer.
Subscriber can see the Companys various chargeable services at
Companys website at
OF THE SERVICE
5.1 Customer will not reproduce, distribute, publish, copy, download
or otherwise exploit any Third Party Content which is protected by
copyright or similar rights unless the Customer owns or controls the
relevant rights thereto or have obtained all the requisite licenses
and approvals. Reproduction or distribution, publication, copying,
downloading or exploitation of any Third Party Content by the
Customer as aforesaid will hold the Customer liable for infringement
of Copyright or other applicable laws.
5.2 For the purposes of the legal provisions or otherwise, Customer
further acknowledges, agrees and authorizes the Company to access,
copy, amend or delete any Third Party Content uploaded or otherwise
provided by the Customer through the use of Service where any such
Third Party Content or content is, or is alleged to be, defamatory,
in breach of copyright, illegal or is otherwise not appropriate in
Company's sole opinion to be accessed or otherwise provided by or
through the use of the Service.
5.3 Customer is required to ensure that objectionable or obscene
messages or communications, which are inconsistent with the
established laws of the country, are not generated/ sent by the
Customer. Customer understands further that the Internet contains
unedited material, some of which is sexually explicit or
pornographic material that may be offensive to some people. Customer
access to such material will be at Customers own risk. Company has
no control over and accepts no responsibility whatsoever for such
5.4 Customer is responsible for and must provide all equipment
necessary to access the Service. Company reserves the right to
disconnect or deactivate Customers equipment or software at anytime
without prior notice including in situations where the equipment or
software is interfering with Company's other Services. Customer must
comply with Company's requirements as regards access equipment
and/or mode of access to and/or use of the Service.
5.5 Company reserves the right to amend any particular program,
information or facility, which the Company provides or may provide
through the Service. Customer agrees to abide by all applicable laws
relating to the use of the Service and any Third Party Content.
Customer must abide by generally accepted rules of conduct relating
to proper use of Internet resources.
Customer has to pay the Company interest free security deposit as
and when specified by the Company. Company also reserves the right
to ask Customer for advance deposit any time during the sustenance
of this contract for use of Service and it shall be binding on the
6.1 Customer confirms and warrants that all the information supplied
by the Customer while registering for the Service is true, complete
and accurate in all respects.
6.2 Company reserves the right to verify the information given by
the Customer in the application form and can also use the
information through Company's authorized agent or representative to
verify the data at the addresses given by the Customer or from any
other independent source. Company reserves the rights to use this
information and data at its discretion.
6.3 Customer agrees to notify the Company immediately of any changes
to the information Customer had given to the Company when
registering for the Service, including any changes to Customers
account details by e- mail, fax, courier or registered post.
7. RESTRICTIONS ON USE
7.1 Customer is not allowed to resale the Service and the right to
access is subject to limits and restrictions established by the
Company from time to time.
7.2 Customer is required to fully comply with the provisions of the
Indian Telegraph Act, 1855, and the Indian Telegraph Rules made
there under and any amendments or replacements made thereto from
time to time.
8.1 Company shall not be a party to any transaction including,
without limitation, for goods, Service and/or Third Party Content,
between the Third Party Content provider, etc. and the Customer.
8.2 In no event shall the Company or its employees be liable to
anyone for any or any special, incidental or consequential damage
arising out of or in connection with the use of (or inability to
use) the Service, including, without limitation, damage resulting
from or for loss whether direct or indirect of business revenue or
profits, anticipated savings or wasted expenditure, corruption or
destruction of data or for any indirect or consequential loss
whatsoever, non-deliveries, or service interruptions whether
attributable to any negligent act or omission of Company or of its
employees or otherwise. No guarantee of end-to-end bandwidth on
Internet is made.
8.3 Company will put in best efforts and strive to maintain the
maximum possible uptime of the Service. However Company will not be
responsible for action beyond its control. Customer acknowledges and
accepts that in the very nature of the Service to be provided there
can be number of factors affecting the provision of the Service and
Company's obligation to provide the Service shall be on best
8.4 The Customer acknowledges and accepts that the Company shall not
be liable for any downtime in the Service due to technical problems
in Cable Operators Network.
8.5 Any termination of this Contract shall not affect any accrued
rights or liability of either party nor shall it affect the coming
into force or the continuance in force of any provision hereof which
is expressly or by implication intended to come into or continue in
force or after such termination.
9.1 Customer will be responsible and liable for and will indemnify
the Company in respect of liability for any and all use of Customers
account and all actions and costs incurred and for all use of the
Service accessed through Customers account or otherwise by virtue of
the provision of the Service to the Customer including but not
limited to claims for defamation, infringement of copyright or any
other intellectual property rights and any breach or non-observance
of any term of this Contract by the Customer.
VARIATION OF TERMS AND CONDITIONS
10.1 Company reserves the right to modify and amend this Contract,
the Service, operating procedures or any of its Service fees, late
charges and prices and may discontinue or revise any or all other
aspects of the Service at Company's sole discretion.
11. WITHDRAWAL, SUSPENSION AND
TERMINATION OF SERVICE AND TERMINATION OF CONTRACT
11.1 If the Customer commits breach of any one of the terms and or
conditions of this Contract including non-payment or late payment of
any part of any invoices or if Customers use of or action in
connection with the use of the Service is inappropriate, in
Company's sole opinion, with the continued use of and/or
subscription of the Service, then Company may at any time, at
Company's sole discretion and without prejudice to any other remedy
available to it at law, either suspend Customers access to and use
of the Service until such breach is remedied or terminate this
Contract and Customers access to and use of the Service immediately.
Reinstatement of Service will require full payment of outstanding
balance and other charges plus applicable initial sign-up fee. It
shall be Company's sole discretion to allow such reinstatement of
the Service in full or partially.
11.2 Company may suspend the Service
during Technical failure modification or repair or testing of the
Company reserves the right to partially or fully withdraw, suspend
or terminate the Service with or without notifying Customer in case
Customers payment instrument is returned unpaid to the Company for
whatever reason by Customers bankers.
11.4 Subject to Clause 11.1 the Company may terminate this Contract
and the Service at any time by informing Customer by post, courier,
electronic mail/ or facsimile transmission.
11.5 Should the Company suspend or terminate the Service pursuant to
Clause 11.1 Customer have no right to any data stored and the
Company shall be under no obligation to make such data or any copies
of its available to the Customer in any form whatsoever. Should this
Contract terminate for any reason whatsoever Customer data stored on
Company's facilities will be explicitly erased without prior notice.
11.6 Company reserves the right to appoint any agency and authorize
the agency to do verification of information given by the Customer
and collection on Company's behalf. In case of any incorrect
information found in the application form given by Customer, Company
reserves the right to partially or fully withdraw/suspend/terminate
the Service forthwith without any notice in that regard.
If at anytime, during the continuance of the service, the
performance in whole or in 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 or agencies thereof or any
other Acts of God etc., Customer will not have any claim for damages
against the Company in respect of such non-performance or delay in
performance of the Service.
12.2 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:-
12.2.1 Delay or disruption in the Service attributable directly or
indirectly to the lines of the upstream gateway service provider;
12.2.2 Delay or disruption in the Service attributable directly or
indirectly to the directions of any Statutory and/ or Regulatory
12.2.3 Delay or disruption in the Service attributable directly or
indirectly to a change in law.
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 Jaipur.
14. ASSIGNMENT AND TRANSFER
14.1 Company may assign this Contract at any time and that will be
binding on Customer.
14.2 This contract, the Service shall be non-transferable by Customer
in nature and any private transfers effected by Customer shall not
absolve Customer of its primary duty towards the Company for the
charges levied pertaining to such particular 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. Customer shall be liable and under an
obligation to fully discharge its payable dues till the date of such
regularized transfer from the Company.
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,
fax, courier or post at Customer address as specified in this
Contract or as are notified by the Customer as per clause 6.3
16.1 If any term or condition of this Contract becomes or is declared
illegal, invalid or unenforceable for any reason, 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.
16.2 Neither the course of conduct between the parties nor trade
practice will modify the provisions of the Contract.
16.3 The provisions of all obligations of and all restrictions on
Customer will survive the termination of this Contract.
16.4 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.
The laws of India govern the Contract and the Customer hereby
submits to the jurisdiction of the Courts of Jaipur, Rajasthan.