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Terms & Conditions

The Customer / Applicant (Hereinafter referred to as the client) offers to subscribe to the Internet Connectivity service provided by NETFIRE

Responsibility of NETFIRE:
  1. NETFIRE is responsible for provisioning the services i.e. ensuring the correct working of the link on one computer at the client’s premises.
  2. Provisioning: The customer shall provide NETFIRE with complete network diagram of the set up along with the detail of connectivity at his its premises. After which a technical feasibility study for the network would be undertaken by NETFIRE. Based on this services would be provisioned to the client. A time period for such provisioning of services would be committed to the client after customer Agreement form is duly signed by them in case of extreme circumstances where such provisioning is delayed beyond committed time period, a written communication would be sent to the client informing them of relevant reasons.
  3. The client has to inform and obtain NETFIRE’S‘s prior written approval of any change in the Customer Premises Equipment (CPE) undertaken by them and further specify the MAC ID of the old equipment as well as the new equipment to NETFIRE. Any change in equipment or provisioning of the network set-up without the a approval of NETFIRE shall be deemed to unauthorized and violate of the terms and condition which shall entail immediate deactivation.
  4. NETFIRE shall carry out periodical inspection at the Clients premises to check the CPE, network setup and to check possible misuse and possible interconnection of the Internet leased lines to PSTN/ISDN?PLMN.
  5. NETFIRE shall use its reasonable efforts to provide continuous Services to Client, and shall take up necessary initiative to restore the service in case of any unforeseeable fault within NETFIR’S domain. For any fault or service outage of third party (e.g. any government authority etc.) managed or outward circuit or requirement. NETFIRE shall only be responsible for the reporting, monitoring and follow up of the fault and its recovery.
General Terms:
  1. The client is fully aware of the coverage are of NETFIRE where they can avail the services and it is fully understood by them that NETFIRE may increase or decrease the service area depending upon the business potential.
  2. NETFIRE shall not be responsible for internal cabling at the customer’s end
  3. NETFIRE reserve the right to disconnect the connectivity to the client in case it discovers that the documents furnished are incorrect or incomplete or fabricated. In such an eventuality the client shall be liable to pay all outstanding till that date including administrative cost incurred by NETFIRE.
  4. CPE: NETFIRE would provide the client with technical specification of CPE compatible on NETFIREnetwork. Client can purchase / install any of the compatible CPE as approved and verified in writing by NETFIRE would not be responsible for any CPE related problem or any service outage resulting from malfunctioning of the CPE. Servicing, repair, maintenance and warranty issue of the CPE will not be the responsible of NETFIRE under any circumstances.
  5. Schemes introduced by NETFIRE may be withdrawn or extended by its discretion and the client shall not shake any claim such an eventuality. Any scheme introduced by NETFIRE from time to time would have a specific validity period within which the conditions of the scheme would be valid.
  6. NETFIRE recommends the use of UPS for proper functioning of the NETFIRE services.
  7. All service requires the availability of an Ethernet card and client has to arrange for the same. NETFIREprices are excluding the Ethernet card and NETFIRE is not responsible for the installation / functioning of Ethernet card.
  8. Client is fully aware that NETFIRE’S service is subjected to cabling and issuance of Login ID(as mentioned in the CAF) NETFIRE partner’s.
Payment Terms:
  1. Taxes, Duties and levies; any charges in taxes and duties shall be charged as applicable. The access charged are exclusive of any taxes and duties.
  2. Cabling would be charged by the cable / did operator deepening on that cabling requirement. NETFIREcharges are exclusive of cabling.
  3. The client will be liable for all access charges and other charges payable, notwithstanding the loss of or inability to use the hardware equipment
  4. NETFIRE has the right to vary the tariff structure at its discretion.
  5. Returned payment instrument :N NETFIRE shall levy a charge of Rs.200 for any cheque returned unpaid by the client bank and may also temporarily suspend the services without prior notice till such time that all outstanding are cleared with NETFIRE.
Sale or Transfer:

The internet connection and the service there from shall be non-transferable in nature between persons and also between locations.

Duty of Client
  1. The Client must not use the service for any illegal purpose or in violation of law and/ or in convention of any Rules and Regulations governing such use as maybe prescribed by the government from time to time and not allows others to use their equipment in the aforementioned manner. The client is prohibited from providing interconnection for provisioning of internet services to others through his connectivity
  2. The client will use equipment provided/permitted by NETFIRE and approved for the network in writing and comply with all relevant laws and regulations for the time being in force. The client will immediately inform NETFIRE of any damage/loss/theft of any equipment in the name of NETFIRE if any extend to the client promise and will be liable for all changes payable towards the repair of the same.
  3. The client shall allow NETFIRE’S authorized personnel from unhindered free access at all time to his/its premises, network and /or CPE for inspection purposes and shall rendered all assistance in this regard.
  4. The client shall be liable to bear all taxes, levies, duties, bank charges and other similar charges (and any related /consequent interest and penalties) however designed, imposed as a result of provision of the services by NETFIRE whether presently applicable retrospectively by the Government or which may be imposed in future by GOVT or any other statutory ir regulatory body of the region to NETFIRE
  5. The client declares that the Cables ,Switches etc. installed by NETFIRE is the exclusive property of NETFIRE and Client shall not remove/relocate these without prior consent from NETFIRE
Suspension or Termination of Service:
  1. By giving 30 days’ notice in writing for termination of services
  2. At any time without notice and further obligations to client and without limiting any other remedies available to NETFIRE if any if the following events should occur :
    1. Payment of an account is overdue by at least 7 days.
    2. Client become the subject of bankruptcy insolvency, winding up receivership proceeding
    3. Client is in material breach of any terms or conditions
    4. Client is found to be including in internet abuse or any other activity considered undesirable by NETFIRE using the network resource of NETFIRE
    5. Client is found tempering with any equipment of NETFIRE, any changes in CPE or provisioning and /or change of the network set-up without the written approved of NETFIRE
    6. Client is found violating any act in force by illegal usage of NETFIRE network /equipment.
  3. In case of non-payment of dues, reactivation will be done only after the payment is received. Payment mode for Reactivation should be either in Cash or Cheque.
  4. In case the client used service for any immortal or unlawful of socially unacceptable purposes.
Use of Voice Applications:

Voice application would allow as per directive of the Govt of India/TRAI. The client may be liable or legal action by the appropriate regulatory authorities in case of any violation related to the same.

Prohibition of Connect through PSTN/ISDN/PLMN/PDN

Client shall not use the NETFIRE connectivity to link with PSTN/ISN/PLMN or public. Data Network under any circumstances .In case it is found that the customer has used the NETFIRE service with immediate effect. The client alone will be liable or legal action by the appropriate regulatory authorities or law enforcement agencies in case of any violation related to the same.

Notices:

All Notice required or given by the client in association with those terms and conditions should be given in writing, sent by hand or by registered mail, with return receipt requested.

Governing Law and Arbitration:

These terms & conditions shall be governed by and interpreted in accordance with the laws of India. In the event of any dispute relating to the interpretation of performance of this Agreement arising between the parties, they will first do their utmost to settle their dispute amicably.it shall be referred to the Head of NETFIRE who shall try to settle it fairly and expeditiously. In case no settlement is reached he shall refer it to a sole arbitrator and selected by him for conciliation and arbitration in accordance with the Arbitration and Conciliation Act 1996 the venue of arbitration proceeding will be New Delhi. The finding of the arbitrator shall be final and binding on both the parties. The costs for arbitration’s fees will be equally shared by the Parties.

Miscellaneous
  1. The terms of this agreement are subject to the clauses of Force Majeure..
  2. The Client will be bound by and variations made in these terms and conditions, which will be noticed to the clients.
  3. All communication and inquiries are to be addressed to the registered office of NETFIRE.
  4. The customers hereby declares that he has read these terms and conditions and the order form completely and that he unconditionally agree to abide by these terms and conditions and as
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