TERMS AND CONDITIONS FOR USING BANDWIDTH PROVIDED BY RURAL BROAD BAND PRIVATE LIMITED
1. The terms and conditions herein shall constitute and will be an integral part of the agreement between RBB and the customer with respect to the service intended to provide connectivity and training to individual women and women led MSMEs and institutions.
2. In case of any change in the address, telephone number or email address, these should be updated by the respective subscriber without fail or delay.
3. The service is being provided subject to all applicable Indian laws, rules and regulations, and for a term ending on 31st August 2022 (“Initial Term”). Thereafter, the Customer would be provided services at prevailing RBB prices.
4. RBB shall provide service to the customer in accordance with the terms and conditions then in force and as amended from time to time until the expiry of the specified period for which the customer has paid for.
5. It is hereby clarified that the Connection and Service(s) will be provided by RBB at the Customer Premises indicated by the Customer in the application form only upon the Customer unconditionally accepting these terms and conditions. The Customer agrees to attend all the training sessions listed in Schedule A during the Initial Term.
6. RBB shall make reasonable efforts to provide Connection to all applicants. However, RBB's ability to provide Connection may be affected by factors outside RBB's control such as physical distribution, geographic, topographic, meteorological or other telecommunication networks. RBB shall however provide the Service(s) of the acceptable grade, consistent with the established and generally accepted standards on a best-efforts basis.
7. The service charge is payable in advance and is non-refundable. All taxes, duties, charges or any other levies of any nature whatsoever, payable for the services shall be payable by the customer in addition to the service charges.
8. RBB reserves the right to levy "Late payment fees" as determined by it from time to time, in case the Customer does not pay the bill within the stipulated time for payment.
9. If the Customer does not apply for reconnection (Post-paid) or renewal (Prepaid) within a stipulated period RBB reserves the right to permanently terminate the Connection provided to the Customer.
10. Mode of payment by Customer would be Cheque/ DD/Pay order/cash or online.
11. RBB will do its best to maintain the maximum uptime of the service. However, RBB will not be responsible for downtime of service due to reasons beyond its control.
12. RBB will be responsible only for carrying data packets and is not responsible for its nature or content. The Customer guarantees that the service will be used for genuine purposes only and will not be used for any immoral, unlawful or socially unacceptable purposes.
13. The customer hereby undertakes to indemnify and hold harmless, RBB against liability, which may arise for any and all, acts on the part of the customer in availing the service.
14. The service to be provided shall be exclusively to the Customer. The Customer shall not transfer, reassign, sell and / or offer or promote the service to others or otherwise share the services with other including the affiliates of the customer. The Customer further understands that these packages are ONLY for new connections and customers. Customer represents that she/it is not already availing services, directly or indirectly,
15. RBB shall have the right to terminate the service, without any prior notice to the customer, in the event of breach of these terms and conditions on the part of the customer. RBB and the customer shall also have right to terminate this agreement at any time by giving 30 days prior notice in writing to the other and without the need to assign any reason for such termination. In the event of termination by RBB without cause, the customer shall be entitled to the return of the proportionate part of the charges paid for the unutilized period of service. RBB shall not be liable to refund any amount if the termination is by the customer or for breach or failure on part of the customer.
16. The customer acknowledges that the service is provided "as is". RBB, its employees, agents, make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/ or information available on its system, or residing on or passing through its interconnecting networks, or that the service will be uninterrupted or error free. RBB expressly excludes any implied warranty or merchantability or fitness.
17. Telephony on internet is permitted to a limited extent and must be availed of only through a licensed Service Provider. The customer should contact RBB if he/she would like to use these services. The customer shall strictly comply with the above and acknowledges that failure to do so will make him/her liable for legal action.
18. RBB's entire liability and the customer's exclusive remedy for any failure or breach on the part of RBB shall be return of the charges paid by the customer relating to the unexpired period of the use.
19. The service is exclusively for home usage and not for commercial usage.
20. The speed mentioned against various service plans are as experienced within the network.
21. The Customer is deemed to have read and agreed to the Fair Usage Policy on unlimited data plans as framed by TRAI.
22. The customer is solely responsible for the security & protection of this network.
23. Billing is to be done in person and/ or by post and/ or through an email address provided by the customer. Payments are to be made prior to the due date. In the event of the amount of bill not being paid by the customer on or before the due date indicated, the Customer shall be liable to pay interest @ 2% per month. RBB shall also have the right to disconnect the Service in the event of non-payments by the Customer.
24. RBB reserves the right to change the tariff from time to time.
25. Any matter/dispute arising out of the provisions of this Agreement or out of the conditions, leading to the execution of this agreement, shall be referred to arbitration by the Sole Arbitrator to be appointed by RBB. The decision of the Arbitrator shall be final and binding on both the parties. The competent courts at Delhi alone shall have exclusive jurisdiction to entertain and try any dispute relating to the proceedings. The seat and venue of the arbitration proceedings shall be Delhi in accordance with the provisions of the Arbitration & Conciliation Act, 1996