Terms & Conditions
'Zippynet' or 'The Company' means Zippynet Broadband Pvt Ltd having its Registered Office at Flat. No. 5, Block 25, Sanjay Place, Agra, UP 282002
'Services' means Broadband Internet Access Service and other Value Added Services as advertised and offered by Zippynet.
'Customer' shall mean any person who subscribes to the broadband Internet access services by accepting and signing the CAF for the provision of Services.
'CPE' means the Customer Premises Equipment installed by Zippynet or its agents/business associates at the Customer's premises, which is owned by Zippynet or its agent/business associate and is provided to the Customer on right to use basis only.
'Scheme(s)' means any price plan and/or service plan that Zippynet may offer from time to time.
'VAS' refers to Value Added Services that are beyond the basic Internet Access service as defined and provided under Services
The Customer accepts to subscribe to the Services as offered by Zippynet under this CAF.
The Services are being provided by 'Zippynet' which is duly licensed from its ISP's.
Zippynet is responsible for provisioning of Services and ensuring the correct working of the link up till the CPE.
The Service shall be provisioned within a period of 10 days from the date of submission of the CAF along with the required Customer verification documents to Zippynet or its agents/business associates, and subject to successful technical feasibility. In case of circumstances where such provisioning is delayed beyond the committed period and/or not possible, Customer shall be intimated in advance.
The Customer's initial and continued subscription to the Services is subject to the Customer providing valid, complete and correct details like name, address proof, telephone number, photo id proof, email id etc., as required from time to time by Zippynet under various applicable Laws. In case of any change, the Customer must inform Zippynet about the same without delay, without fail. In case Zippynet discovers at any time that the verification documents provided by the Customer are incorrect and/or incomplete and/or fabricated, it reserves the right to disconnect the Services to the Customer immediately without any notice. In such an eventuality the Customer shall be liable to pay all outstanding amounts till such date including administrative costs as incurred by Zippynet and shall be solely responsible for any and all information provided by it.
The Customer shall not change/alter/modify the CPE installed in its premises by Zippynet or its agents/business associates, without prior written approval from Zippynet. Any change /alteration /modification in the CPE without the prior written approval of Zippynet shall be deemed to be unauthorized and violative of the terms and conditions and shall entail immediate disconnection /de-activation /termination of Services.
The Customer shall allow Zippynet to carry out inspection of the CPE at the Customer's premises from time to time, with prior intimation to the Customer.
Zippynet shall use financially viable best efforts to provide continuous Service and maximum uptime of Service to the Customer while confirming to the prevailing regulation.
Zippynet reserves the right to introduce/withdraw/extend any Scheme(s) at its discretion from time to time, and such Scheme(s) will have a specific validity period within which the Customer can subscribe to them.
VAS, which may be offered by Zippynet may or may not be part of the Scheme(s). In case where VAS is not part of the Scheme(s) subscribed to by Customer, the same shall be subject to additional charges.
The Public IP address allocation will be as per policy of APNIC (Asia Pacific Network Information Center, Australia) and Zippynet and subject to availability with Zippynet.
The Customer agrees that the IP address(s) allocated via/through Zippynet is the exclusive property of Zippynet and is(are) non-portable and non-assignable by the Customer.
Zippynet will restore any CPE related Service problem at no cost to the Customer, given that the CPE malfunction is not due to any mishandling by the Customer. In case the Service problem is due to CPE being damaged by the Customer, knowingly or unknowingly, then Zippynet shall charge the Customer the CPE replacement fee of Rs. 3000 (Rupees Three Thousand Only).
The Customer agrees to make payment for Services and CPE, as applicable, as and when billed by Zippynet, on regular basis, in a timely manner as per the subscribed Scheme(s), through cash , Cheque or credit card, either directly to Zippynet in person or on-line or to any of Zippynet's authorized agents / partners. In case of any dispute(s) regarding the bill the Customer shall bring the same to Zippynet's notice within 7 days from the bill date, beyond which the bill amount/charges shall be assumed to be without dispute(s) and the Customer shall be liable to pay the same in full.
The Scheme(s) prices are excluding any and all equipment/machine/device that may be required beyond the CPE for the Customer to use the Services. And Zippynet does not undertake to provide any such equipment/machine/device to the Customer as part of any Scheme(s) or on additional charges.
The Scheme(s) prices are exclusives of Taxes, Duties, Levies and other government charges and it shall be charged additional as applicable from time to time.
The Customer will be liable for all the service charges and other charges payable, notwithstanding the loss of, or inability to use the hardware equipment.
The Services provided are non-transferable.
The Services provided are exclusively for personal/professional use and not for commercial use.
The Customer agrees to comply, at all times, with all applicable laws, bye-laws, rules, regulation, order, direction, notification, etc., of the Government/Court/Tribunals/DOT/TRAI/Information Technology Act as amended and shall also comply with all the direction issued by Zippynet which relate to the network, the Services, equipment, or connected matter and provide Zippynet with all information and co -operation as reasonably required.
The Customer agrees that it shall not communicate, send, transmit, download or in any way deal with any objectionable messages or communications, which are inconsistent with the established laws of India, over the network offered and established for providing the Services. Customer shall not resort to hacking, cracking, spamming, bulk messaging, destroying, defaming or corrupting any sites/user(s) on the Internet or on Zippynet's network, nor shall it indulge in any of the offences, more specifically defined under the Information Technology Act, 2000. Without prejudice to any action under law for the time being in force, violation or breach of any of these terms and conditions shall entitle Zippynet to terminate the said Services immediately and any such termination doesn't restrict Zippynet's right to take action and/or seek remedy for any damages /costs resulting out of Customer's such activities.
The Customer shall immediately inform Zippynet of any damage/loss/theft of any equipment provided to the Customer by Zippynet and shall be liable for all charges/cost towards the repair /replacement of the same.
Zippynet reserves the right to terminate the Services provided to the Customer by giving 30 days notice in writing.
Zippynet reserves the right to terminate any/all of the Services at any time without notice and further obligations to the Customer and without limiting any other remedies available to Zippynet if any of the following events should occur:
a. Customer is in material breach of any of the terms or conditions mentioned herein.
b. Customer is found tampering or has tampered with any equipment and/or configuration of equipment of Zippynet or provided by Zippynet, without the prior written approval of Zippynet.
c. Customer is found violating any act in force by illegal usage of Zippynet Services.
d. In case of non-payment of dues by due date, re-activation will be done only after the payment is credited to the account of Zippynet and Zippynet reserves the right to charge an additional service re-activation fee and the Customer agrees to pay such charge.
The Customer is prohibited from providing interconnection for provisioning of Internet services to 3rd party through its connectivity. Customer shall not use the Zippynet connectivity to link with PSTN / ISDN or any Public Data Network under any circumstances. Customer alone will beliable for any and all legal action by the appropriate regulatory authorities or law enforcement agencies, in case of any violation related to the same.
Zippynet shall not be liable for any act of its agent and/or Business Associate outside the scope of Services. Zippynet's liability is limited to the Services rendered by it.
In view of providing an optimal quality of service in a fair manner to all Customers connected to its Network and Services, the Customer acknowledge and agree that Zippynet shall have the right (but not the obligation) to monitor and apply policies to any and all transmission via the Network and Services and that Zippynet shall have the right and sole discretion to determine whether the transmission violates this Agreement and /or any prevailing Law, Directive, Regulation, and that the Customer shall abide by such determination.
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 or performance of this Agreement arising between the Parties, they will first do their utmost to settle their dispute amicably. If any such dispute cannot be settled amicably, it shall be referred to the Nodal Officer of Zippynet. The courts of Agra shall have exclusive jurisdiction.
Service Availability
Service Quality- during the Service Contract Period, the Company shall endeavor to maintain commercially acceptable levels of Service availability and ensure that the Subscriber is not prevented from making use of the Service as a result of any deficiency or problem in the Network.
The Company may enter into a separate service level agreements with the Subscriber, provided that all other parameters not covered in such agreements are governed by the terms and conditions of this Agreement.
Service quality, functionality, availability or reliability may be affected and the Company shall not be liable for such disruptions/ interruptions/ deficiency in case they are due to the following reasons;
Planned repairs, modifications or maintenance notified to Subscriber in advance,
Unauthorized changes to Service Equipment or CPE made by Subscriber without notifying the Company,
Any fault in equipment other than Service Equipment or a fault arising from outside the Network,
Force Majeure Events,
Any fault in or damage to Service Equipment or Network or components thereof for reasons beyond the reasonable control of the Company,
Refusal by Subscriber to allow testing or repair of Service or Service Equipment and use by
Subscriber of the Service on an impaired basis, including refusal to allow access to Subscriber Premises to the Company personnel,
Failure in providing stable power and the other infrastructure required for Service Equipment and/or Subscriber Equipment,
Subscriber scheduled maintenance,
Any complaint by the Subscriber which the Company, after due investigation, finds to be without any basis.
Miscellaneous
a. The terms of this agreement are subject to the clauses of Force Majeure.
b. This agreement is the complete and exclusive statement of understanding between Zippynet and the Customer.
c. The Customer will be bound by any variations made in these terms & conditions, which will be notified to the Customer.
d. All communication and inquiries are to be addressed in writing to the Corporate Office of Zippynet, sent by hand or by registered mail or by email.
* Subject to availability and site survey. Speeds vary with location and signal quality, network usage and exact download speed is not guaranteed. Operating range and data throughput of wireless communication are dependent on terrain, foliage and background RF energy, amongst other conditions. Before installation, a physical and radio frequency site survey is carried out to take these factors into account. The survey is free of charge.
** Subject to acceptable usage policy.
