(A) CUSTOMER (as named in the front of this Agreement and hereinafter “Customer”)’s OBLIGATIONS: Customer:
1. Understands that the Internet Telephony is governed by ISP (including Internet Telephony) and other applicable licenses and laws of the Indian Government (Department of Telecommunications). Customer shall therefore ensure compliance to such license conditions and laws and also ensure that Internet Telephony service (hereinafter “Service”) provided by Instant Telecom Services (herein after “ITS”) is not connected with PSTN (Public Switch Telephony Network). 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 ITS, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from Customer’s 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 ITS for taking Service from them at the prescribed rate under different Plans, as described on the face of this form. 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. For making calls other than in the Plan, Customer needs to deposit a sum and it is his responsibility to ensure that there is adequate balance in his account for making calls. Details pertaining to Customer’s account can be ascertained by him from the website www.instanttelecomservices.com. Service will stop if the balance is reduced to a predetermined level. Payments will be made in advance, with the online option provided by the website without waiting for the invoice.
4. Understands that the date of creation of Account is deemed to be the date of this Agreement.
5. Understands that it is the Customer’s responsibility to get bandwidth connection from the nearest available source. The bandwidth should be sufficient (minimum 128 Kbps pure uplink) with low latency (less than 500ms to USA) to provide requisite quality call. The Customer Premises Equipment (herein after “CPE”) needs real / private dynamic IP to work, which has to be provided by the Customer.
6. Understands that the Customer will make payment, for Service, in favour of Instant Telecom Services . If payment is made in Cash, Customer must insist to have a proper/valid receipt against cash payment and submit the same with IST as and when requested by ITS.
(B) EXIT CLAUSE
This Agreement is valid unless terminated by ITS or Customer as per this clause and “Disconnection Terms” mentioned elsewhere in this Agreement. ITS or Customer can terminate this Agreement by giving one month notice. Customer is liable to pay service fee for one month, if he desires to terminate or terminates this Agreement without giving one month notice.
(C) DISCONNECTION TERMS
a. ITS retains the right to terminate this Agreement immediately in case of Customer’s default under clause 3 of ‘Customer’s Obligations’.
b. Termination by ITS can also be effected under clause 1 of ‘Customer’s obligation’.
c. 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 and no refund will be given to the Customer for unused portion of Service.
(D) APPLICABLE LAWS
The laws of India shall govern this Agreement. The parties shall submit to the exclusive jurisdiction of Courts in Pune. The Customer shall abide by all the applicable laws, rules and / or regulations and shall keep ITS indemnified against any damage, loss and claims arising out of its negligent acts or omissions. The Customer must indemnify ITS against any claims or legal proceedings arising from provision of Service, which are brought against ITS 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 third Party.
(E) FORCE MAJEURE
ITS 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 ITS such as:
1. Acts of God, natural catastrophes, frequency interference from external source, epidemics, earthquakes;
2. Strikes and blockades; either by ITS personnel or others affecting Service.
3. War or war-like conditions, mobilization, revolutions or riots, acts of public enemy, sabotage, terrorism;
4. 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 ITS’s vendor.
