The term “ABC Fibernet” wherever appears in this document shall mean and include Aavai BroadBand Communications Private Limited.
The terms and conditions herein, acceptable usage policy, and responsible usage policy directed by ABC Fibernet from time to time shall continue and will be an integral part of the agreement between ABC Fibernet and Customer with respect to the Service. ABC Fibernet reserves the right to change any or all aspects of this agreement terms operating rules, usage guidelines, prices governing the service, service plans, the pricing structure, or product service policies at any time without any intimation to the Customer. The customer acknowledges that it is his/her sole responsibility to apprise himself/herself of the Terms and Conditions and responsible usage policy, as amended from time to time, and agrees to abide by the same. The customer shall visit the website of ABC Fibernet to apprise himself/herself of the latest terms and conditions, service plans & policies, etc.
Every subscriber registration must be done with correct details such as name, address, telephone number and email address, etc, in case of any change, the same should be updated by the respective subscriber without fail or delay.
The Service is being provided subject to all the applicable Indian Laws/rules and regulations. ABC Fibernet, shall provide the service to the customer, in accordance with the terms and conditions then in force and as amended from time to time.
The service charge is payable in advance and is non- refundable. All taxes, duties, charges or any older levies of any nature whatsoever, payable for the services shall be payable by the customer in addition to the service charges and the customer agrees to pay the Installation Charges for the Installation of Modem/ONU/CPE and to the cabling done at the customer premises, directly to the Distributor, as determined by time to time.
ABC Fibernet will put in its best efforts and strive to maintain the maximum possible uptime of the service. However, ABC Fibernet will not be responsible for disturbance in service due to reasons beyond its control, not limited to acts of God, lightning strikes, earthquakes, floods, storms, fires natural disasters explosions was hostility, civil commotion, public enemy, sabotage of cables, riots, bomb blasts, epidemic, quarantine, lockout, electricity fluctuations, electrical surges/ blackouts/brownouts, internet outage cable outage, fiber cut, malicious damages and etc.
The customer also acknowledges and accepts that in the very nature of the services to be provided there can be a number of factors affecting the provision of the service by ABC Fibernet and the obligation of ABC Fibernet to provide the services shall be on best endeavor basis.
ABC Fibernet shall not be liable to the customer for any loss, expense, and damage of any kind in connection with the performance of an obligation under the contract or arising from destruction, interruption, suspension or malfunction of the service, for whatsoever reason except when there is a deliberate failure or breach of the part of ABC Fibernet.
ABC Fibernet will be responsible only for carrying data packets and is not responsible for its nature or content. The customer guarantees that the service to be used for genuine purposes only and will not be used for any immoral or unlawful or socially unacceptable purposes.
The customer acknowledges, accepts, and specifically covenants that he is fully aware of the nature and terms of the service and acceptable usage policy. The customer shall be exclusively responsible for making arrangements for ge0ing the necessary hardware and software at his/her end. It is explicitly agreed that ABC Fibernet does not undertake any responsibility with regard to procuring, installing/maintaining the hardware, and or software at user end. However, the Customer premises equipment provided either by ABC Fibernet or its Distributor, as the case may be, shall be maintained with diligent care by the customer and the said material shall be owned by ABC Fibernet or its Distributor, as the case may be, at all times, if the same is provided on rent or free to use basis. Such equipment is liable to be returned to ABC Fibernet / Distributor immediately and not later than 15 days on termination of service for whatsoever reason.
The services stopped for non-payment or non-renewal of a package may be reactivated without any charges within 15 days from the date of such de-activation. Further, the customer may place their connections in safe custody by a written request to ABC Fibernet, for a maximum period of 3 months by paying the charges of Rs.100/- per month at present or such charges fixed by ABC Fibernet from time to time.
Customer hereby undertakes to indemnify and hold harmless ABC Fibernet against any liability which may arise for any and all, acts on the part of the customer if availing the services.
The customer shall take full and sole responsibility for presenting the secrecy of the password. The customer 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. ABC Fibernet shall not be responsible for any wrongful or unauthorized usage under any circumstances.
The service to be provided shall be exclusive 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 others including the affiliates of the customer. The customer shall not do anything that is detrimental to ABC Fibernet’s interest. ABC Fibernet shall assign this contract/service to anyone at any time.
ABC Fibernet shall have the right to terminate the services, without any prior notice to the customer, in the event of a breach of these terms and conditions on the part of the customer. ABC Fibernet and the customer shall also have the 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 such termination by ABC Fibernet, the customer shall be entitled to the return of the proportionate part of the charges paid for the utilized period of the services ABC Fibernet shall not be liable to return any amount if the termination is by the customer or for breach or failure on the part of the customer.
The customer acknowledges that the services are provided on “as is where is” basis ABC Fibernet, its employees, Distributors, Suppliers, Vendors, and its associates make no warranty of any kind either service expressed, implied regarding the quality, accuracy or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks or that service will be uninterrupted or error-free. ABC Fibernet expressly excludes any implied warranty of merchantability or fitness.
Telephoned on the internet under the existing law shall be limited to PC to PC only and expressly PC to any landline or mobile number and vice-versa is prohibited. The customers shall strictly comply with the above and the persons involved otherwise are be liable to be prosecuted with the penalty as prescribed under law.
It is illegal to terminate internet telephone calls to any public telephone number (PSTN, ISDN, PLMN, etc) in India irrespective of whether the same originate in India or abroad.
The customer agrees that the Broadband service is a single PC connection, ABC Fibernet shall not be responsible for any downgrade of service due to redistribution by the customer to its own devices.
ABC Fibernet’s entire liability and the customer’s exclusive remedy for any failure or breach on the part of ABC Fibernet shall be the return of the charges paid by the Customer relating to the unexpired period of the use, ABC Fibernet disclaims all warranties and conditions express or implied including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose with regard to the services offered and in no event ABC Fibernet Distributor shall be liable for any other damages including special, indirect or consequential damages loss of profits business interruption whatsoever arising out of use inability to use the services.
In using the service the customer agrees to comply with all laws, regulations, and rules applicable and hereby indemnities ABC Fibernet/its Distributor against any claims, loss, damage, or consequence arising from non- compliance of the customer to any applicable laws, rules, regulations, etc. The courts in Coimbatore shall have exclusive jurisdiction for any disputes arises out of the service.
The customer hereby declares that he has read these terms and conditions and the order form completely and that he unconditionally agrees to abide by these terms and conditions and as is applicable from time to time.
The “backbone” i.e. the cables, switches, wireless equipment, etc. installed by ABC Fibernet is the exclusive property of ABC Fibernet and the customer shall not remove/relocate these without prior consent from ABC Fibernet.
The customer is required to intimate ABC Fibernet in advance in writing, in case they are installing a Wi-Fi router or access point on the service provided by ABC Fibernet. The customer is required to ensure that his router SSID is in hidden mode and the access to the same is not open and is controlled by way of network key/encryption Key such equipment shall carry such warranties as provided by the respective original equipment manufacturer. The customer shall have no right or claim against ABC Fibernet for the failure of cable modem/router or any other hardware that is required to provide the services and shall be responsible for secured Wi-Fi access.
ABC Fibernet may accept the request for shifting of connection from the customer only in the case where the technical feasibility of ABC Fibernet, is available in the desired new location and the customer agrees to pay the charges fixed by ABC Fibernet, from time to time for such shifting.
The customer expressly authorizes and permits ABC Fibernet to provide any information/message/password related to service by way of SMS to his/ her/its registered mobile and/or e-mail mentioned overleaf, at all times.
The user acknowledges that the slamming of emails is prohibited. Spamming is the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list, which the recipient has not specifically requested ABC Fibernet reserves the right to block the user’s email id or even terminate the services if this is violated by any user.
The speed mentioned against various service plans is the maximum speed as experienced within the ABC Fibernet Network and ABC Fibernet shall block internet sites as identified and directed by the Authorities from mealtime.
For enhanced security, the Aavai Broadband user ID, the default email ID of the subscriber declared during the time of registration and the MAC address (unique for each LAN card) will be tied to each other.
