(E) APPLICABLE LAWS
The laws of India shall govern this Agreement.The parties shall submit to the exclusive jurisdiction of Courts in New Delhi. The Customer shall abide by all the applicable laws, rules and / or regulations and shall keep candor infosolution Pvt.Ltd. indemnified against any damage, loss and claims arising out of its negligent acts or omissions. The Customer must indemnify viva comunications against any claims or Legal Proceedings arising from provision of Service, which are brought against candor infosolution Pvt.Ltd. by any one using Service under or through Customer because:
1. Service is used in breach of terms /conditions in this Agreement.
2. Service is faulty and cannot be used by a 3rd Party.
The LICENSEE shall not engage provision of any other Telecom SERVICE unless so licensed. For the avoidance of doubt, it is, hereby declared that nothing shall preclude the LICENSEE from engaging in advertising and promotional activities relating to any of the Applicable Systems.
Voice communication from anywhere to anywhere by means of dialing a telephone number (PSTN/ISDN/PLMN) as defined in National Numbering Plan is not permitted. Originating the voice communication service from a Telephone in India is not permitted. Terminating the voice communication to Telephone within India is not permitted. Establishing connection to any Public Switched Network in India and/or establishing gateway between Internet & PSTN/ ISDN/PLMN in India, is not permitted. use of dial up lines with outward dialing facility from nodes is not permitted. Obscene material and applicability of Cyber Laws: The LICENSEE shall ensure that objectionable, obscene, unauthorized or any other content, messages or communications infringing copyright, Intellectual property right and international & domestic cyber laws, in any form or inconsistent with the laws of India, are not carried in his network, the ISP should take all necessary measures to prevent it. In particular, LICENSEE is obliged to provide, without delay, all the tracing facilities of the nuisance or malicious messages or communications transported through his equipment and network, to authorized officers of Government of India/State Government, when such information is required for investigations of crimes or in the interest of national security. The license shall be governed by the provisions of the Information Technology (IT) Act 2000, as modified from time to time. Any damages arising out of default on the part of licensee in this respect shall be sole responsibility of the licensee. The use of the network for anti-national activities would be construed as an offence punishable under the Indian Penal Code or other applicable law. The networks cannot be used in such a manner as to endanger or make vulnerable a networked infrastructure. Acts such as break-ins or attempted break-ins of Indian networks shall be regarded as an anti-national act and shall be dealt with in accordance with the Indian Penal Code. ISPs must ensure that their services are not used for such purposes. In case any confidential information is divulged to the LICENSEE for proper implementation of the Agreement, it shall be binding on the LICENSEE, its sub-contractors, agents and servants to maintain its secrecy and confidentiality.
(F) FORCE MAJEURE candor infosolution Pvt.Ltd. shall not be responsible or liable for any failure on its part to fulfill its obligations contained herein if such failure is on account of a force Majeure event. Force Majeure shall mean such unforeseeable occurrences beyond the reasonable control of a party such as: 8141. Acts of God, natural catastrophes, frequency interference from external source, epidemics, earthquakes; 8156.
Strikes and blockades; either by candor infosolution Pvt.Ltd. personnel or other affecting Service. 8171. War or war-like conditions, mobilization, revolutions or riots, acts of public enemy, sabotage, terrorism; 8186. Restriction by or actions, omissions or interventions of Indian public authorities (including but not limited to changes in laws, regulations or import / export, security restrictions).
5. Disconnection or deterioration of service by candor infosolution Pvt.Ltd. as vendor.
6. The party who wishes to plead Force Majeure shall inform the other party on the effect of Force Majeure has on the fulfillment of this Agreement.
(A) CUSTOMER (as named in the front of this Agreement and here in after Customers OBLIGATIONS: Customer:
1. Understands that the Internet Bandwidth is governed by ISP license and other applicable licenses and laws of the Indian Government (Department of Telecommunications). Customer shall therefore ensure compliance to such license conditions and laws while using Internet service (here in after Service) provided by candor infosolution Pvt.Ltd. Any infringement would result in termination of Service without any notice. This will be in addition to any action taken by the Government, or under the Law.
2. Understands further that under no circumstances shall candor infosolution Pvt.Ltd. its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from Customers use of or inability to use Service or any part thereof, or Customers reliance on or use of information, services or merchandise provided on or through Service, or that results from mistakes, omission, interruption, errors, defects, delays in operations, or transmission, or any failure of performance.
3. Understands also that Service is prepaid. Customer will pay to candor infosolution Pvt.Ltd. for taking Service from them at the prescribed rate for different Internet bandwidth/ packages. Rates may be revised from time to time. Customer will be informed in writing, through any means of communication possible, in case the rates are revised. The Customer needs to make the payments in advance, without waiting for the invoice.
4. Date of start of the services is deemed to be the date of this Agreement or the date of activation of the services whichever comes earlier.
5. Understands that he will make payment, for Service, in favors of Candor infosolution Pvt. Ltd.. If payment is made in Cheque,Cash,Card,online Customer must insist to have a proper/valid receipt against cash payment and submit the same with candor infosolution Pvt.Ltd. as and when requested by candor infosolution Pvt.Ltd...
(B) Service Standards: The following service standards and timelines have been agreed between candor infosolution Pvt.Ltd. and the Customer:
1. The network uptime and the services provided by viva comunications and in their control shall have an uptime of 99% for the wireless customer and 95% for the wired customer, outside of scheduled maintenance times.
2. All issues the customer raises to candor infosolution Pvt.Ltd. will be responded to within 24 hours by phone or email and resolved within 72 hours
(C) EXIT CLAUSE: This Agreement is valid unless terminated by candor infosolution Pvt.Ltd. or Customer as per this clause and Disconnection Terms mentioned elsewhere in this Agreement.candor infosolution Pvt.Ltd.or Customer can terminate this Agreement by giving 1 (one) month notice. Customer is liable to pay service fee for 1 (one) month, if he desires to terminate or terminates this Agreement without giving 1 (one) month notice.
(D) DISCONNECTION TERMS
1. candor infosolution Pvt.Ltd. retains the right to terminate this Agreement immediately in case of Customers default under clause 3 of Customers Obligations.
2. Termination by candor infosolution Pvt.Ltd. can also be affected under clause 1 of Customers obligation.
3. Any loss of business suffered by the Customer due to disconnection affected under clause a & b in Disconnection Terms will be his own responsibility and so borne by him. Disconnection of Service under Disconnection Term a & b will not require any notice.