TERMS & CONDITIONS
T&C mentioned here consists of General
Terms & conditions (“GTC”) & Product Terms and Conditions (“PTC”) along
with “Acceptable Use Policy”. The signing of Subscriber Registration Form (SRF)
shall make the T&C mentioned herein binding on the subscriber. In case of
any inconsistencies in the constituent parts of the Agreement or disputes
arising with regard to the interpretation of the terms and conditions contained
in the said Agreement, the following order of precedence shall apply: (i) the
SRF and the PTC (ii) the SLA, if applicable and (iii) the GTC General Terms and
Conditions (“GTC”)
SRF Terms And Conditions
Terms & Conditions
Broadband Internet access and other related
services provided by ONE WORLD NET Limited (hereinafter referred to as “ONE
WORLD NET
- For the purposes of these Terms & Conditions
:-
- “ONE WORLD NET , a company registered under the
Companies Act,1956 and having its Administrative office at In Centre,49/50
MIDC,12th Road. Andheri (East), Mum bai-400 093(hereafter referred to as “ONE
WORLD NET which expression shall include its successor and permitted
assignees) is engaged in the provision of Broadband internet access and
other related services (hereafter referred to as “services”).
- “Services” means the services provided by ONE WORLD NET
whereby subscriber can gain access to the Internet through provisioned
bandwidth and any value-added services offered along with the Internet
plan
- “Bandwidth” means the amount of information that can be
carried in a given period.
- “Subscriber” means any person as defined under General
Clauses Act 1899 who is availing the “services” from ONE WORLD NET and
acting for /and on behalf of the Sub scriber
- “Equipment” means such hardware/software components and
assemblies that are required to enable “services” to the Subscriber
including but not limited to cable modems, Ethernet cards, splitters,
coaxial/other cables.
- “Internet” means the global data network comprising
interconnected networks using TCP/IP (“Transmission Control
Protocol/Internet Protocol”).
- “Information” means the visual, textual or
other information published or other wise made available to the
Subscribers (directly or indirectly) on the Internet using the services
provided by ONE WORLD NET.
- “Third Party Content” means any and
all information, software and other content provided by any
independent third party that can be accessed through or by virtue of the
services.
- ONE WORLD NET reserves the right to verify the
information, provided by the Subscriber in the application form, to use
the same at its discretion and shall have the right to grant or refuse the
Services to the Subscriber
- Promotional Offers:
When you are registering on our Services directly or through any of our
franchisees for ONE WORLD NET’s Services, you are authorizing ONE WORLD
NET or our partners to send you special offers, retention offers, or any
kind of promotional SMS. If you don’t want to receive offer SMS, write
to care@onebroadband.in or
call us on 022 62581800
- The services being offered under this Contract are
being provided as per the License Agreement between Department of Telecommunications
and Ministry of Communication. The Subscriber acknowledges and understand
that ONE WORLD NET for the operation of it services including Internet
Telephony services is subject to the subject to other terms and conditions
the Agreement between Department of Telecommunications and Ministry of
Communication and extant laws and regulations as may be intimated by the
DOT to ONE WORLD NET from time to time. The Subscriber clearly understand
that the services may be terminated and / or suspended under directions
from the Government of India and the competent authority under no
liability of any nature whatsoever against ONE WORLD NET
- ONE WORLD NET agrees to provide Subscriber with the
Services on the terms and conditions of this Contract
- The Services are provided on an “AS IS and AVAILABLE”
basis for decent and lawful purposes without any warranties of any kind
- ONE WORLD NET does not guarantee error free services or
that any information, software or any material accessible through services
is free of viruses, worms, Trojans, horses or other harmful components and
that the Subscriber shall not hold ONE WORLD NET responsible nor liable in
any nature whatsoever for any loss of business or any other expense/s
incurred due to occurrence of any such event.
- The Bandwidth provisioned by ONE WORLD NET is a
non-dedicated & shared bandwidth and may vary depending on upstream
feed from Gateway Provider. Local Loop Provider and user load on the
network/server/systems in accordance with TRAI guidelines on broadband
speeds for home and small office subscribers.
- The Services provided, shall remain ONE WORLD NET
exclusive property and on expiry / early termination of the contract, the
Subscriber’s right to use the Services being provided shall cease.
- The Subscriber is responsible for and shallat all
times provide all access to the Equipment, necessary to access the
Services, provided by ONE WORLD NET. ONE WORLD NET reserves its right to
disconnect or deactivate Subscriber’s access to Services without prior
notice including situations where Subscriber’s Equipment or software is
interfering with ONE WORLD NET other services.
- Subscriber should use Cable Modem/Router/ATABox or
any other equipment approved/supplied by ONE WORLD NET or by any of its
associate/ subsidiary / group companies. The ownership of the equipment
supplied by ONE WORLD NET/associate companies will remain with ONE WORLD
NET/associate / subsidiary / group companies. In the event of termination
of services, the equipment must be returned within 7 days to ONE WORLD NET
in working / non damaged condition. For any damage to equipment provided
by ONE WORLD NET, repair/service/replacement charges will be assessed by ONE
WORLD NET and recovered from subscriber along with applicable taxes, as
additional cost of provision to ONE WORLD NET. ONE WORLD NET shall raise
an invoice on the subscriber for such repairs and the same shall be paid
without demur by the Subscriber within __ days of receipt of the invoice
- The Subscriber shall permit ONE WORLD NET or its
authorized representatives sufficient and timely access during any day of
the week to verify/install/inspect the necessary ‘Equipment’ at the
Subscriber’s premises. PEHSIL shall give the Subscriber prior notice
before any such verification / installation / inspection of Equipment.
- ONE WORLD NET is merely a provider of Cable
Modems/Routers/ATA Box or any other hardware that may be required to
enable the Services. Such Equipment’s may carry such warrantees as
provided by the Original Equipment Manufacturer. Hence, any and / or all
expenses occurring due to damage of the Equipment, shall not be refunded
by ONE WORLD NET
- Save as provided hereinabove, in addition to what may
be intimated to the Subscriber from time to time or as may be applicable
under extant law/s, the following shall also be applicable if the
Subscriber uses this Service for internet telephony 13.1 Service to
process and carry voice signals offered through public internet by use of
Personal Computers (PC) or IP based Customer Premises Equipment (CPE)
connecting the following:
- PC to PC; within or outside India.
- PC/a device/adapter conforming to standards of
international agencies like ITU, IETF, etc., in India to PSTN/PLMN abroad.
- Any device/adapter conforming to standards of
international agencies like ITU, IETF, etc., connected to ISP node with
static IP address to similar device/adapter; within or outside India.
Addressing scheme for internet telephony shall only conform to IP
addressing scheme of Internet Assigned Numbers Authority (IANA) exclusive
of National Numbering Scheme/plan applicable to Basic/Cellular Telephone
service. Translation of E.164 number/private number to IP address allotted
to any device and vice versa, to show compliance with IANA numbering scheme
is not permitted. Subscriber acknowledges that VoIP will not be used in
any form other than what is permissible under the internet service
license. Subscriber acknowledges that the IP given will not be used for
terminating VoIP calls on domestic PSTN network.
- Subscriber agrees to pay ONE WORLD NET the
installation, activation, subscription and other charges along with the
statutory taxes and levies for the time being in force at the time of such
payments as and when they fall due as may be notified by ONE WORLD NET. In
the event the Subscriber wishes to shift to a new location, delivery of
connection will be subject to availability of ONE WORLD NET services in
that area, feasibility and shifting charges shall be applicable
- ONE WORLD NET will provide bill/invoice for the
services subscribed at the contracted rate or such rates are notified on
at contracted periodic intervals to the subscriber by electronic means on
the subscribers registered emailid . ONE WORLD NET will not be
responsible for any delay or loss of such bill/invoice in transit. The
Subscriber, in the event of non receipt of such bill/invoice
shall appropriately enquire with ONE WORLD NET and pay the dues at
contacted rates on or before due date. ONE WORLD NET reserves the right to
withdraw/suspend/terminate the Services partially and /or fully with or
without notifying Subscriber in case of non-payment of invoice/bill by the
due date or in case Subscriber’s payment instrument is unpaid to ONE WORLD
NET for whatever reason by Subscriber’s bankers. In case of
discontinuation/disconnection of Service the charges/fees paid by the
Subscriber earlier shall not be refunded under any circumstances. Any
unutilized MB’s will not be carried forward or refunded on renewals. It is
clarified that there shall be no refund (pro-rata / post – activation or
otherwise) made by ONE WORLD NET to the subscribers for any reason
whatsoever including but not limited to the unutilized MB’s.
- All payment must be made in full by the due date
mentioned on the invoice/bill. Any delay payment by the due date will
attract interest@2% per month. In case ofdishonor of cheque,
Subscriber will be liable to pay penalty of 2.5% per month of the subject
to a minimum of Rs.150/ – per instrument and any other charges as may be applicable.
This clause shall be applicable for postpaid subscriber/s only.
- Plans offered will be monthly, quarterly, half yearly
and annual with prepaid orpostpaid billing option. For plan change
during the life cycle of prepaid subscribers, amount for remaining period
of service will not be adjusted against the new plan subscribed
- Static IP (if provided) will be provided after
submission of justification and network diagram indicating where it will
be used. Static IP will be charged extra and shall be offered at the sole
discretion and option of ONE WORLD NET.
- Value Added Services if provided by ONE WORLD NET
through any partnerships will be governed by the respective terms and
conditions including any End user license agreements
- Reinstatement of services will require full payment of
outstanding balance and other charges plus installation fees. It shall be ONE
WORLD NET’s sole discretion to allow such reinstatement of the services
manuals/packages/booklets etc., Issued by ONE WORLD NET from time to time
shall be binding on Subscriber
- Reproduction or distribution, publication, copying,
downloading or exploitation of anyThird Party Content by the
Subscriber will hold the Subscriber solely and completely liable for
infringement of Copyright and /or any other applicable law. This shall
survive termination / expiry of this Agreement between ONE WORLD NET and
the Subscriber.
- Subscriber is required to ensure that objectionable or
obscene message or communications, which are inconsistent with the
established laws of the Country, are not generated /sent by the
Subscriber. Subscriber understands and agrees that the internet contains
material, some of which sexually explicit or pornographic that may be
offensive to some people and access to such material will be at
Subscriber’s own risk. The Subscriber shall be solely and completely
responsible for any such act which may be in violation of the Information
Technology Act, the Copyright Act or any other applicable Law/s, Act/s
extant laws. The Subscriber shall perpetually indemnity ONE WORLD NET in
this regard. (indemnity clause to be added)
- Subscriber agrees to notify ONE WORLD NET of any
changes to the information provided by the Subscriber during registering
for the services, by e-mail, fax,courier or registered post.
- Subscriber is not allowed to share
/resell/distribute/the Services provided by ONE WORLD NET in any manner.
- If the Subscriber is a value-added telecom services
provider, then the Subscriber must obtain necessary permission /license
from Dy. Director General (CS), Department of Telecommunications, Sanchar
Bhavan, 20 Ashoka Road, New Delhi -110001.Tel : 011 332 6255 / 303
2855 fax :332 7656. A copy of such permission / license shall be provided
by the subscriber/s to ONE WORLD NET within 7 days of receiving such
permission / license.
- Subscriber shall comply with the Cable Televisions
Networks (Regulation) Act 1995. The Indian Telegraph Act, 1855. The Indian
Wireless Telegraphy Act 1933. The India Copyright Act 1956, the Guidelines
on Internet services and usage no. 845-51/97-VAS and the Rules made under
these Acts and all extant laws, regulations, guidelines, as amended from
time to time.
- ONE WORLD NET will put in best efforts and strive to
maintain the maximum possible uptime of the Services. However ONE WORLD
NET shall not be responsible nor liable for any downtime in the Services
and offers no guarantee of end-to-end bandwidth on Internet, ONE WORLD NET
may suspend the Services during Technical failure modification or repair
or testing of the service network and shall not be liable to refund any
amount to the Subscriber when the services are interrupted / suspended
owing to causes and reasons beyond its control. PEHSIL shall use
reasonable efforts to inform the Subscriber of any such disruption of
services. Termination of this Contract shall not affect any accrued rights
or liability of either party nor shall affect the coming into force or the
continuance in force of any provision hereof which is expressly or by
implication intended to come into or continue in force or after such
termination.
- The Subscriber shall in perpetuity fully indemnify and
hold harmless ONE WORLD NET / associate / subsidiary / group companies
against any and / or all claims, damages, suits, proceedings, actions,
cause of action, award, liabilities, cost and/or expenses of any kind
(including but not limited to attorney fees, defamation, infringement of
any law, rules & regulation in force from time to time) arising out of
any misrepresentation and/or fraud committed by the Subscriber/s, or
actual or alleged breach of any terms of this Agreement by the Subscriber/s
(including but not limited to breach of any representation and warranty
provided by the Subscriber/s.
- ONE WORLD NET reserves the right to modify and amend
this Contract without cause and without prejudice to ONE WORLD NET 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
facsimile transmission.
- If the Subscriber commits breach of any of the terms
and or conditions of this Contract, ONE WORLD NET may at any time at its
sole discretion and without prejudice to any other remedy available under
any law, either suspend the Services or terminate this Contract.
- The Parties may terminate this Contract without cause
any without prejudice to PEHSIL and there shall be no refunds of any
nature whatsoever. Save as provided herein, ONE WORLD NET may at any time
at its sole discretion and without prejudice to any other remedy available
under any law, either suspend the services or terminate this Contract.
There shall be no refunds of any nature whatsoever by ONE WORLD NET if
such termination is due to reasons attributable to the Subscriber.
- ONE WORLD NET may offer a part refund in case of
termination request by Subscriber. 32.1 Post placing the order but prior
to installation of equipment’s – 100 % sub scription amount paid by
Subscriber to be refunded. 32.2 Post placing the order, installation of
equipment’s completed but services not activated – recurring charges will
be refunded provided all equipment are returned by subscriber in working
condition. Penalty/damages will be deducted from the refund amount/
adjusted from security deposit (if any).One time charges shall also
be forfeited. 32.3 Post placing the order, line being installed and
activated – all one-time charges and plan charges shall be forfeited /
adjusted from security deposit (if any)
- Neither the course of conduct between the parties nor
trade practice will modify the provisions of the Contract.
- The provisions of all obligations on Subscriber shall
survive the termination / expiry of the Contract.
- No failure or delay on ONE WORLD NET part of exercise
any right to remedy under this Contract shall be construed or operate as a
waiver thereof nor shall any single or partial exercise or any right or
remedy preclude the further exercise of such right or remedy as the case
may be.
- Any correspondence by the Subscriber shall be sent by
registered AD or by courierto : ONE WORLD NET Limited In centre,
49/50 MIDC, 12th Road, Andheri (E), Mumbai -400 093