Terms and Conditions
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HAYAI BROADBAND TERMS & CONDITIONS
FOR Broadband Internet Access over Fiber Optics Cable or Wireless and other related services by Hayai Broadband Private Limited (hereafter referred to as “Hayai”).
1. For the purpose of these terms and conditions:
1.1 “Hayai” means “Hayai Broadband Private Limited” having it's registered office at 6, Casa Diego, P.N. Kotnis Marg, Mahim. Mumbai 400016
1.2 “Services” means the services provided by “Hayai” whereby the subscriber can gain access to the Internet and, where applicable, any services & facilities the subscriber uses in connection with the service.
1.3 “Subscriber” means any person as defined under General Clauses Act (1899) who has availed of the “services” of Hayai and includes individuals / partnership firms / associations of persons / companies registered under the Companies Act 1956 or any person who is acting for and/or on behalf of the subscriber.
1.4 “Equipment” means any hardware or software components & assemblies that are required to enable “services” to the “subscriber”, including but not limited to FTTH modems, cable modems, dsl modems, VOIP ATAs, IPTV set-top boxes, Internet cards, smart-cards, POT, hubs, switches, splitters, fiber/coaxial/ethernet and other cables.
1.5 “Internet” means the global data network comprising of interconnected networks using TCP/IP (“Transmissions Control Protocol/Internet Protocol”) and identifying addresses with the IPv4 and/or Ipv6 standards.
1.6 “Information” means the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using “services”.
1.7 “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 “services”.
2. Hayai reserves the right to verify the information provided by the subscriber in the application form, to use the same at it's discretion and the right to grant of refuse the services to the subscriber.
3. This contract shall run in concurrence with the License Agreement between the Department of Telecommunications and Ministry of Communications, Government of India, and Hayai for the operation of Internet services subject to other terms and conditions contained within this contract.
4. Hayai agrees to provide subscriber with the service as per the terms and conditions of this contract.
5. The service is provided on an “as is and available” basis for decent & lawful purposes without any warranties of any kind.
6. Hayai does not guarantee error-free service or that any information, software or any other material accessible through the service is free of viruses, worms, trojan horses or other harmful components.
7. The service remains the exclusive property of Hayai and at the termination of this contract, prompt return of all equipment is expected and the subscriber's right to use or access the services ceases.
8. The subscriber is reponsible for & must provide full access to any and all equipment necessary to access the services. Hayai reserves the right to disconnect or deactivate subscriber's access to services without prior notice including situations where the subscriber's equipment or software is interfering with Hayai services or computer(s) and/or network(s) owned by other Hayai subscribers.
9. The subscriber shall permit Hayai or it's authorized representatives sufficient & timely access during any day of the week to verify / install / inspect the necessary equipment at the subscriber's premises.
10. Subscriber agrees to pay Hayai the installation, activation, subscription & other charges along with the statutory taxes & levies that are in force at the time of such payments as and when they fall due as they may from time to time be notified by Hayai.
11. Hayai will invoice/bill subscriber on a periodic basis, which will either be emailed, couriered, posted or faxed to the subscriber.
11.1 Account information (including but not limited to billing limits, invoice amounts/account balances and payment information) is accessible online through the Hayai website, and payments may be made online through a variety of payment options, such as credit/debit cards and Internet banking.
11.2 Plans may be changed online except where additional equipment is required to be installed at the customer premises to access the new plan. Plan changes shall take effect within 7 days or at the beginning of the next billing cycle, whichever is earlier.
11.3 Typical invoice terms are on a 30-day billing cycle, payable in advance except where otherwise agreed and/or per the plan invoice terms.
11.4 It is the subscriber's responsibility to enquire about subscriber's outstanding balance and in the case of non-receipt of a bill, subscriber shall contact Hayai and arrange payment by the due date to avoid interruption of services.
11.5 Hayai shall not be responsible for any delays or loss in transit of the bill or invoice.
11.6 Hayai reserves the right to withdraw / suspend / terminate the services partially or fully with or without notification to the subscriber in the case of non-payment by the due date or in case subscriber's payment instrument is returned to Hayai for whatever reason by subscriber's bankers. In the case of discontinuation / disconnection of services, the charges/fees paid by the subscriber shall not be refunded under any circumstances whatsoever unless otherwise authorized by senior management.
12. All payments must be made in full by the due date mentioned on the invoice/bill. In the case where a cheque is dishonoured, subscriber shall be liable to pay the penalty of 2.5% (two point five percent) per month of the value, subject to a minimum of Rs 150 (Rupees one hundred and fifty) per instrument & any other charges as may be applicable.
13. Reinstatement of services will require full payment of any outstanding balances & other charges plus a reactivation fee of Rs 150 (Rupees one hundred and fifty) unless prior arrangements have been made with Hayai (such as temporary disconnection of 3 (three) months or less).
14. All the terms and conditions of the services and payments shall be notified by Hayai from time to time by way of services terms and conditions and shall be binding on the subscriber. All subsequent services / packages / documentation issued by Hayai from time to time shall be binding on the subscriber, including but not limited to any data limits or fair-usage policies implemented by Hayai to ensure maximum network performance, and subscriber agrees to adhere to any data / billing limits or fair-usage policies by choosing a plan suitable to the usage required by the subscriber.
15. Reproduction or distribution, publication, copying, downloading or exploitation of any third party content by the subscriber may cause legal risk to the subscriber and in this case subscriber shall be liable for infringement of copyright or any applicable laws.
16. Subscriber 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 subscriber. Subscriber understands that the Internet contains unedited material, some of which is sexually explicity or pornographic and which may be offensive to some people, and access to such material is at the subscriber's own risk.
17. Subscriber is responsible for notification to Hayai of any changes to any information provided when registering for the service, by email, fax, courier or post. Excepting address & identification changes, some information may be managed via Hayai's website. Where communication to subscriber becomes impossible due to non-notification of changes to subscriber details, Hayai reserves the right to suspend or terminate service and collect equipment from subscriber's former or current premises.
18. Subscriber is not allowed to share / resell or distribute the services in any manner under any circumstances without prior written authorization. Any subscriber found to be violating this condition will be subject to stiff penalties and/or prosecution.
18.1 Subscriber is obliged to avail the appropriate plan suited to subscriber's usage requirements according to any Fair Usage Policies which may be in place at the time of service.
18.2 Subscriber is obliged to avail of the appropriate level of service to suit the subscriber's circumstance. Residential connections shall not be provided to business premises under any circumstances; business connections are provisioned according to the organization and size thereof at the discretion of Hayai management and/or authorized representative.
19. Department of Telecommunications and Government of India has banned Internet Telephony (VOIP) from interacting with PSTN networks or having e.164 compliant telephone numbers assigned with Indian prefixes.
19.1 Subscriber may use such services for communicating with PSTN networks or VOIP services outside of India, including the assignment of phone numbers from other countries to subscriber's software and/or analogue telephone adapter (ATA).
19.2 Subscriber may make use of Hayai's own VOIP service to call other Hayai subscribers using non-geographic numbers & be allotted a phone number from a country other than India.
20. Subscriber shall comply with the provisions of the Cable Televisions Networks Regulation Act (1995), the Indian Wireless Telegraphy Act (1855), the Indian Wireless Telegraphy Act (1933), the Indian Copyright Act (1956) and the guidelines on Internet services and usage number 845-51/97 VAS and the rules made under these acts.
21. Hayai provides services on a best effort basis, and will strive to ensure maximum uptime of services. Hayai shall not be liable for any downtime of the services (excepting for services including an SLA) and offers no guarantee of end-to-end bandwidth on the Internet. Hayai may suspend services during technical failures, modifications, repairs or testing of the services and/or new and/or replaced network components and shall not be liable to refund any amount to the subscriber when the services are interrupted / suspected owing to causes and/or reasons beyond it's control.
22. Terminations of this contract shall not effect any accured rights or liability of either party, nor shall it affect the coming into force of the continuance of any provision hereof which is expressly or by implication intended to come into or continue in force after such termination.
23. The subscriber agrees to indemnify Hayai for any defamation, infringement of any law, rules or regulation in force from time to time and for any other defamation, infringement against Hayai or it's representatives.
24. Hayai reserves the right to modify the terms & conditions of this contract in part or in full, fees and/or service plans, operating procedure, late charges. Hayai reserves the right to amend or discontinue the services or aspects of the services offered to the subscriber. Where possible, this shall be effected with a minimum notice period of 30 days after a consultation period of 60 days to the subscriber.
25. If the subscriber breaches any of the terms and/or conditions of this contract, Hayai may at any time and without prejudice to any other remedy available under any law, either suspend the services or terminate this contract.
26. The parties to this contract may terminate this contract without cause and without prejudice to Hayai's rights as specified in this contract by serving at least 30 days written notice on the other side by informing by post, courier, electronic mail or fax. Where this contract is terminated, Hayai expects the return of any equipment provided to the subscriber to the company.
27. Hayai shall not be liable to the subscriber 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 Hayai. For this purpose, a matter beyond the control of Hayai shall include, but not be limited to the following:
(I) Delay or disruption in the services attributable directly or indirectly to the lines of the gateway services provided.
(II) Delay or disruption in the services attributable directly or indirectly to the direction of any statutory and/or regulation authorities.
(III) Delay or disruption in the services attributable directly or indirectly to a change in law.
(IV) Any obligation under it shall be provided or delayed by reason of war, hostility, fire, civil commotion, public enemy, sabotage, flood, earthquake, riots, bomb-blast, explosion, strikes, epidemic, quarantine, lock out or anything that may be classed as an “Act of God”.
28. In the event of any question, dispute or difference arising out of provision of the services, the matter shall be referred to arbitration. The arbitration shall be governed as per the Arbitration and Conciliation Act (1996), and the arbitration shall be held in Mumbai.
29. Hayai may assign this contract at any time and that will be binding on the subscriber.
30. Neither this contract nor related services are transferrable by the subscriber in any manner or under any circumstances.
31. The warranty period for wiring is valid for the first 90-days. After this period has lapsed, wiring and extra wiring shall be charged extra.
31.1 In the event that a subscriber's services have been disconnected for 90-days or more, subscriber shall have to pay relevent reactivation charges.
32. Unless otherwise specified in this contract, any notice or other communication to be given by Hayai under this contract shall be in writing and shall be servied by email, fax, courier or post to the address specified by the subscriber. Any consultations with a notice period shall additionally be made in public and shall be available on the Hayai website.
33. If any of the terms and conditions of this contract become or are declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this contract and deemed to be deleted. If any provision of this contract is determined to be invalid, the other provision(s) shall remain in full force and effect.
34. Neither the course of conduct between the parties nor trade practice will modify the provisions of this contract.
35. The provisions of all obligations of and all restrictions on the subscriber will survive the termination of this contract.
36. No failure on the part of either party hereto to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby by law.
37. The laws of India govern the contract and the parties hereto shall be subject to the jurisdiction of the courts in Mumbai.