1. Sivaan Infocom Pvt Ltd Broadband means the broadband internet Access service Offered by (SIPL) having its registered office at 56/1, Sangam Housing Society, Masulkar Colony, Pimpri Pune, Maharashtra, India 411018
  1. Customer means any person who avails the service(s) offered by SIPL.
  1. Service" in general includes but not limited to internet Access, E-mail, World Wide Web, Broadband, internet, Telephony, Designing, Hosting, International Roaming and other information services that SIPL offers, markets, maintains and supports as of date and all updates that SIPL may offer to the customer. However service in relation to the customer shall mean and cover only those services, which the customer has specifically availed.
  1. The Terms and conditions herein, acceptable usage policy and responsible usage policy (available at www.sivaaninfocom.com) published by SIPL from time to time shall constitute and will be an integral part of the agreement between SIPL and customer with respect to the service SIPL reserves right to change any or all aspects of this agreement, operating rules, usage guidelines, prices governing the service, service plan the pricing structure or product/service policies at the time without prior intimation to the customer the customer acknowledges that it is his/her sole responsibility to apprise himself/herself to the terms and condition and responsible usage policy, as amended from the to time agrees to abide by the same. The customer shall visit www.sivaaninfocom.com to apprise himself to the latest terms and conditions, service plan & policies etc.
  1. Every subscriber registration must be done with complete and correct details such as name address, telephone number and e-mail address, etc. in case of any change, the same should be update by the respective subscriber without fail or delay.
  1. The service is being provided subject to all the applicable Indians laws, rules Regulation.
  1. SIPL shall provide services to the customer, in accordance with the terms and conditions then in force, and as amended from time to time expiry of the specified period for which the customer has paid for. The service charge payable in advance and its non-refundable. All taxes, duties, charges or any other levies of any nature whatsoever, payable for the service shall be payable by the customer in addition the service charges.
  1. SIPL will puts in its best efforts and strive to maintain the maximum possible uptime of the service. However SIPL will not be responsible of downtime of service due reason beyond its control.
  1. The Customer also acknowledges and accepts that in the very nature of the services be provided there can be number of factors affecting the provision of service by SIPL and the obligation of SIPL to provide the service shall be on the best endeavour basis.
  1. SIPL shall not be liable to the customer for any loss, Expense or damage of any kind connection with the performance of its obligation under this contract or arising from disruption, interruption, suspension or malfunction of the service, for whatsoever reason including force majcure except when there is deliberate failure or breach on the part of SIPL.
  1. All third party software that may be provided with the 'Easy surf CD is included for use at the customer's option. SIPL shall not responsible for any looses or damage which may occur resulting from the use of any third party software, any support that is need has to be availed from the respective companies.
  1. SIPL will be responsible only for carrying data packets and it's not responsible for nature and content. Customer guarantees that the service will be used for genuine purposes only and will not be used for any immoral or unlawful or social unacceptable purposes.
  1. Customer acknowledges, accepts and specifically declares that he is fully aware of nature of the service and acceptable usage policy. The customer shall be exclusive responsible for making arrangements of getting the necessary hardware and software at his end. It is explicitly agreed that SIPL does not undertake any responsibility with regard to procuring/ installing /maintain the hardware and/ or the software at the customers end.
  1. The Ethernet card installed by SIPL in customers PC has been done purely on request basis and SIPL will not be responsible for any failure of the card. Further, SIPL will not be responsible for the problems related to customers PC and software's on loaded on it.
  1. Customer hereby undertakes to indemnity and hold harmless SIPL against liability, which may arise for any and all, acts on the part of the Customer in availing the service.
  1. The customer shall take full and sole responsibility for preserving the secrecy of the password. The customer acknowledges and accepts that considering the nature of service there will be a need to change the password from time to time to avoid misuse and maintain secrecy. SIPL shall not be responsible for any wrongful and unauthorized use, under any circumstances.
  1. 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 service with others including the affiliates of the customer. Customer shall not be anything that is detrimental to SIPL interests.
  1. SIPL shall have the right to terminate the service, without any prior notice to the customer, in the event of breach of these terms and condition on the part of the customer. SIPL and the customer shall also have the right to terminate the 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 SIPL the customer shall be entitled to the return of the proportionate part of the charge paid for the unutilized period of service. SIPL shall not be liable to refund any amount if the termination is by the customer or for breach or failure on the part of the customer. SIPL shall endeavour to provide the best of its service to the customer through a dedicated customer care service team. The customer shall in all communications to SIPL including when interacting with its employees, associates and partner, maintain decorum, decency and shall refrain from using any threatening, unparliamentarily, abusive language. SIPL reserves the right to terminate or disconnect such customers with an immediate effect if found using such language.
  1. The customer acknowledges that the service is provided "as is". SIPL, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its system, or passing through its interconnecting or error free. SIPL expressly excludes any implied warranty of merchantability of fitness.
  1. SIPL and the customer hereby agree that this agreement together with the operational rules, Acceptable usage policy and usage guidelines and other terms notified by SIPL shall constitute the complete terms and condition between them and there shall be no addition, modification or deletion to these terms and condition unless is so agreed in writing and signed by both "SIPL"and the customer.
  1. Telephony on internet is permitted to a limited extent i.e. (i) from PC to PC within or outside India (ii) PC in India to Telephone outside India (iii) IP based H.323/SIP Terminals connected directly to ISP nodes to similar terminals within or outside India. The customer shall strictly imply with the above and the persons involved are liable to the proceeded with and punished.
  1. It is illegal to terminate internet telephony calls to any public telephone number (PSTN, ISDN, PLMN, etc.) in India irrespective of whether the same originates in India or abroad.
  1. The Customer agrees that SIPL the Broadband Service is a single PC Connection. SIPL shall not be responsible for any downgrade of service due to redistribution by the Customer.
  1. The Customer agrees that SIPL shall not be liable for service downgrade where the last mile connectivity' is not provide by SIPL. The responsibility of ensuring last mile connectivity' shall be on the last mile connectivity network provider like Cable TV operator, DID etc. And SIPL responsibility shall be limited to ensure service till the point of Presence of the last mile network operator.
  1. SIPL entire liability and the customer's exclusive remedy for any failure or breach on the part of SIPL shall be the return of the charges paid by the customer relating the unexpired period of the use. SIPL disclaims all warranties and conditions express or implied including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose with regard to the services offered and in no event SIPL shall be liable for any other damages including special, indirect or consequential damages loss of profits business interruption whatsoever arising out of use or inability to use the services
  1. In using the service the customer agrees to imply with all laws, regulations and rule applicable and hereby indemnifies SIPL against any claims, loss, damage or consequence arising from non-compliance of the customer to any applicable laws, rules regulations etc.
  1. SIPL shall not be liable for any act of the Business Associate managing the service at customer's end outside the scope of this service. The customer expressly acknowledges that the liability of SIPL is to be the service Rendered by SIPL and SIPL shall not be liable for any acts or deeds of the Business Associate.
  1. The customer here by 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.
  1. The 'backbone; i.e. the Cables, switches etc. installed by SIPL is the exclusive property of SIPL and customer shall not remove/relocate these without prior consent from SIPL.
  1. The service is exclusively for commercial usage. Usage for more than 6 hours per day shall be commercial usage. SIPL reserves the rights to disconnect the service without prior intimation, if the usage is found to be commercial,
  1. User acknowledges the spamming of e-mails 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. The user can transmit only a fixed number of outgoing mails as part of SIPL's mail policy and a violation of this will be considered as spamming. SIPL reserves the right to block the user's email id or even terminate the services if this is violated by any user.
  1. The speeds mentioned against various service plans are as experienced within the SIPL Network.
  1. For enhanced security, the SIPL Broadband User Id as chosen by the user at the time of registration, the IP Address and the MAC address (unique for each LAN Card) will be tied to each other. This means that a User ID can be used only from that user's PC and IP address/PPPOE/Dialer Broadband allocated to the user. However, it is possible for the user to have multiple user id's, with different service plans from the same PC.
  1. The customer shall not use the service provided by SIPL for any illegal or unlawful purpose. Customer shall at all times follow all the rules & regulations laid down by the competent authorities from time to time. SIPL recommends that all the customers shall go through the "Parental Guidance" and understand the given guidelines, as mentioned in the www.sivaaninfocom.com.