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TERMS & CONDITIONS
The under mentioned terms and condition apply to all telecom service provided by Glance Internet Pvt. Ltd.
1. Glance Internet Pvt.Ltd. means a company incorporated under the provision of Companies Are 1956, having its registered office at Pestom Sagar, Road No. 2, Chembur, Mumbai - 400089, Maharashtra INDIA.
2. Customer Premises Equipment or 'CPE' shall mean and includes the telephone instrument modem, router, batteries, all software, hardware and any other equipment / accessories included with it and supplied (but not sold) by Glance Internet Pvt.Ltd.
3. Customer Equipment shall mean any equipment not provided by Glance Internet Pvt. Ltd.
4. 'Network' shall mean Glance Internet Pvt. Ltd. Network through which services are or would be made available to the customer.
5. 'Relationship Period' shall mean the period commencing upon activation of the services and Shall run in concurrence with the license agreement under which Glance Internet Pvt. Ltd. is Authorized to provide services within the Network (license agreement) unless otherwise Terminated.
6. 'Service' shall mean all telecom service provided by Glance Internet Pvt. Ltd. to its customers Which inter-alia shall include Telephone, internet, value added services (VAS) and / or any Supplementary additional service made available to the customer.
7. 'Customer' shall mean a person including any entity or association or person who has Subscribed to the services after completing the required formalities i.e. making necessary payments etc. And gets activated on Glance Internet Pvt. Ltd. network. Mere execution of the SAF shall constitute an person to be a customer / subscriber or consumer of Glance Internet Pvt. Ltd.
8. 'Subscriber Application Form SAF shall mean the non-transferable form appended herewith which has been filled and executed by the customer for subscribing to the services.
9. 'Tariff' shall mean all the rates, fees, charges, levies etc. And related conditions including but not limited to activation foe, usage charges, deposits advances and service include service tax and any other statutory outgoing under the tariff schedule as notified by Glance Internet Pvt. Ltd for providing services.
Glance Internet Pvt. Ltd. reserves the right:
1.1 to seek and / or verify the particulars including financial information provided by the customer either by itself or from independent sources:
1.2 to reject any SAF incase the particulars provided there inure incomplete, incorrect commercial infeasibility, legally just and valid for any other reason whatsoever at its sole discretion.
1.3 To amend the present Terms and Condition for the proper providing of services or to comply with the applicable laws and regulations.
2.1 Services will be provided within reasonable time, on receipt of duty completed SAF Glance Internet Pvt. Ltd. will useall reasonable endeavors to provide and maintain services(s) during subscription period
2.2 Glance Internet Pvt. Ltd. has the right to predetermine, prefix or fix the credit limit for usage of services availed by the customer based on internal credit rating. In the event of exceeding of the credit limit, the customer shall be liable to make interim payment forthwith for the services availed including rentals, falling which Glance Internet Pvt. Ltd. reserves the right to totally or partially disconnect / suspend the services.
2.3 Quality, functionally and/or availability of the services may be affected and Glance Internet Pvt. Ltd. without any liability whatsoeveris entitled to refuse, limit, suspend, vary or disconnect the services at anytime, for any reasonable cause, including, but not limiting to the following.
2.3.1 Any all applicable rules, regulations orders, directions, notifications, license agreement, conditions etc. issued by the Government/Telecom Regulatory Authority of India (TRAI) etc.
2.3.2 Any discrepancy in the particular(s) provided by the customer
2.3.3 If the customer is in default (including past defaults) in making payment for the services or for any other telecom service provided by Glance Internet Pvt. Ltd.
2.3.4 During technical failure, modification, up-gradation, variation,repair and/or maintenance of the systems/equipment.
2.3.5 To combat potential fraud, sabotage, willful destruction, national security or for any other force majeure reasons etc.
2.3.6 Transmission limitation caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitations and/or availability of suitable cell-sites.
2.3.7 If services are used in violation of any law, rule/regulation.
2.3.8 Interconnection failure between Glance Internet Pvt. Ltd. and other service, provider(s).
2.3.9 It is commercial unviable to continue provisioning of the services.
2.3.10 Any other reason, which is found to be reasonable by Glance Internet Pvt. Ltd. warranting limiting / suspension /disconnection of Services.
3 BILLING, PAYMENTAND SECURITY DEPOSIT
3.1 Glance Internet Pvt. Ltd. shall bill the customer as per the billing cycle , which shall run on a frequency as may be decided by Glance Internet Pvt. Ltd. from time to time. Taxes shall be as per applicable law.
3.2 Customer shall pay the subscription amount in advance as these ace pre-paid services.
3.3 No payment are to be made in cash except to authorised with to authorised with valid id proof and against issuance of payment receipt. Cheque should be account payee cheque drawn in favor of Glance Internet Pvt. Ltd.
3.4 Customer shall deposit such amount as interest free security deposit, as may be determined by Glance Internet Pvt. Ltd. Glance Internet Pvt. Ltd. reserves the right to forfeit/ adjust/apply the said security deposit in full or in part satisfaction of any sum which may be due from the customer to additional security deposit for services made available to the customer.
3.5 Glance Internet Pvt. Ltd. in accordance with TRAI guidelines/rules/regulations is entitled to charge, vary, add, withdraw any services and/or to vary the Tariff on these services and/ or make any service chargeable which is not initially or at any stage chargeable.
3.6 Upon delay/non-payment of bills beyond the due date or non-deposit of any applicable fee, charge or deposit, or any increase thereof, Glance Internet Pvt. Ltd. reserves the right to totally or partially disconnect the services of such customer. For restoring the services the customer shall have to apply for reactivation of the connection after making the due payment and the applicable restoration charges.
3.7 Glance Internet Pvt. Ltd. will not be liable for customer equipment being faulty/incompatible, customer must pay all the dues in full, without any deduction, set-off or withholding.
4 CUSTOMER OBLIGATIONS
4.1 If the CPE is lost or stolen, the customer shall forthwith inform Glance Internet Pvt. Ltd. This notification shall authorize Glance Internet Pvt. Ltd. to suspend all or any part of the services and/or disconnect the services However the customer shall be liable for all the charges incurred before such notification and suspension of services by Glance Internet Pvt. Ltd. Glance Internet Pvt. Ltd. reserves the right to charge reasonable amount as CPE replacement charges from the customer.
4.2 Customer shall not use the service for any unlawful immoral or abusive purposes in violation or derogation of any law/rule or regulation or statutory directive or order for the time being in force or against any public policy of for sending/receiving obscene threatening, harassing messages/communications or sending messages or communications that affect national interest, or create any damage or risk to Glance Internet Pvt. Ltd. or its Network/Equipment. call center and/or other customer(s). Any violation or misuse by customer shall under no circumstances be attributed to Glance Internet Pvt. Ltd. and the customer shall be solely responsible for all such acts or omissions. The customer hereby agrees to indemnify, held Glance Internet Pvt. Ltd harmless against any claims including any claims arising by anyone else using the telephone facilities availed by the customer.
4.3 Customer shall intimate Glance Internet Pvt. Ltd. about change in address, if any in writing along with such proof, as may be deemed necessary by Glance Internet Pvt. Ltd.
4.4 Customer shall not use the services as 'OSP' (Other Service Provider)
Privacy of communication is subject to the terms of the license agreement of Glance Internet Pvt. Ltd. with DoT and other statutory and regulatory notification/directives etc. The customer specifically agrees that in order to facilitate Glance Internet Pvt. Ltd. to provide services Glance Internet Pvt. Ltd. may be required to disclose any information or particulars pertaining to the customer to any authority, statutory or otherwise, including but not limited to any debt collection agency, credit reference agency, security agency and reserves the right to comply with the directions of such authorities at its discretion and without intimating the customer.
5.1 The customer shall have not title/or ownership and /or interest in the CPE and therefore shall not be entitled to transfer/assign/lease and/or otherwise part with the same under any circumstances. The ownership and effective control over the CPE shall always remain with Glance Internet Pvt. Ltd. The customer shall return the CPE immediately on termination of the subscription period. The customer shall not claim any charge or lien on the CPE, even if any dispute is pending between the customer and Glance Internet Pvt. Ltd. Customer shall be responsible for the maintenance and upkeep of the CPE subject to normal wear and tear.
5.2 All CPE, provided (but not sold) by Glance Internet Pvt. Ltd. shall always remain absolute property of Glance Internet Pvt. Ltd. The customer shall only use the custody of the equipment or other equipment/accessories during the enrollment period.
5.3 The CPE has been provided to the customer in order to facilitate Glance Internet Pvt. Ltd. to exclusively use the same for rendering its services. The customer shall not deal with the CPE independent of Glance Internet Pvt. Ltd. in any manner whatsoever.
5.4 Customer shall neither shift the CPE nor transfer the same in any manner. In case the customer fails to comply with the terms and condition of enrollment Glance Internet Pvt. Ltd reserves enrollment without any liability whatsoever on its part.
5.5 Further acceptance of bill payments by Glance Internet Pvt. Ltd. from a person other the customer does not mean acceptance of transfer assignment/lease of any rights or obligation of the customer to such person making the payment.
6 DISCLAIMER LIABILITY
6.1 Glance Internet Pvt. Ltd.make no express or implied warranty, guarantee, representation or undertaking whatsoever regarding the services, which are not expressly mentioned herein.
6.2 Glance Internet Pvt. Ltd. shall not be responsible for any acts or omissions of any third party including franchisees/dealers/distributors/retailers etc., with regard to scheme(s) which are not expressly authorised by Glance Internet Pvt. Ltd.
6.3 Glance Internet Pvt. Ltd. shall not be liable to customer if any delays, loss of business, profit, revenue or goodwill, anticipated savings, use of contracts, damages, fees costs, expenses, order, judgment etc or for any indirect or consequential loss, howsoever it arises for on account of unavailability I usage or services or otherwise.
6.4 Glance Internet Pvt. Ltd. shall not be liable to the customer for inquiries or damages resulting from omissions, including, delays, errors in transmission, failures or defects in equipments or any other cause including but not limited to the failure to transmit, which are connected with incidents of fire, explosion, war, riots, strikes, lockouts, picketing boycotts, and cause originating in the facilities or operations of other telecom or allied service provider arid other reasons or causes beyond the control of Glance Internet Pvt. Ltd. for any reason whatsoever.
6.5 The Terms and condition herein shall be subject to the notifications/ guidelines issued by TRAI and DoT, from time to time.
7 ADDITIONAL T & Cs FOR TELE MEDIASERVICES
7.1 The Internet/Broadband speed available to the customer is the maximum prescribed speed for which the customer is entitled and Glance Internet Pvt. Ltd. does not hold out any assurance that the said speed shall be maintained at all times and the same may vary depending upon the network congestion, technical reasons or any other unavoidable circumstances.
7.2 It is clearly understood that installation of internet/broadband services require several vital and time consuming activities, inter-alia, including laying down of cables, proper wiring of the area, other technical requirements etc and therefore Glance Internet Pvt. Ltd. does not prescribe any hold out any fixed time line after execution of the SAP shall not be entitled to raise any claim or action or damages of whatsoever nature on account of delay in activations of services and customer shall only be entitled to refund of the initial amount paid by the customer.
8, The validity, construction and performance of the terms and conditions /SAP shall be governed by and interpreted in accordance with the laws of Republic of India. The courts at Mumbai, Maharashtra shall have exclusive jurisdiction in respect of the subject matter of this SAF.
9 The parties have fully read and the contents of the terms and conditions have been explained in vernacular, verbatim and upon understanding, have signed the SAP as a token of its acceptance/consent and further with a clear understanding that it is valid and binding document on both the parties and can be enforced in the Court of Law.
10. Cheques / DDs / transfer should be made in favor of Glance Internet Pvt. Ltd.