1. About
This Agreement for subscription of Broadband Internet and other value added services (Hereinafter referred to as ‘Services’) is entered between KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, a Company incorporated under Companies act, 1956 having its registered office at Singhania Tower, Banspani Road, Ward No.09, Joda, kendujhar, Keonjhar, Orissa, India, 758034. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED is licensed Internet Service Provider holding valid license issued by the Department of Telecommunications (DOT), Govt. of India. Any individual/ entity/legal person subscribing to the services offered by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED are hereunder referred to as the ‘subscriber’.

2. Service
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED provides its services via Fiber optic cables, which requires us to install and power CX (Customer Switch) at the installation Address provided by me herein above. I accept this requirement and hereby accord the permission for installing this CX and give power for the same if required by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, so that KHETAN TELECOMMUNICATIONS PRIVATE LIMITED internet services may be installed and commissioned. The subscriber is also responsible to provide all access to equipment necessary to access the services. All the subsequent services manuals/packages/booklets etc. issued by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED from time to time shall be binding on Subscriber.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED reserves the right to modify and amend these terms and conditions in part or full and the amended one, as notified by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED in its website, shall be binding on the subscriber.
The Subscriber shall provide valid proof of address and proof of identity as per the direction issued by DOT from time to time to subscribe the KHETAN TELECOMMUNICATIONS PRIVATE LIMITED services and as and when required by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED.
The Subscriber acknowledges that Last mile switch namely Optical Network Terminal, Router, Wifi Routers and such other network connectivity equipments (“Customer Premises Network Equipment/CPNE”) installed at the customer premises is a network equipment of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED used for the purposes of providing Internet broadband services to the Subscriber. The Subscriber further agrees that the CPNE installed at his / her premises are not part of the Service package and are highly capital intensive in nature.
The CPNE shall always remain the sole and exclusive property of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED and the subscriber shall not handle or tamper with the same. In case of discontinuation or termination of Services due to any reasons whatsoever, the Subscriber shall duly return the CPNE to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED in a reasonable and proper working condition to the satisfaction KHETAN TELECOMMUNICATIONS PRIVATE LIMITED. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED may require the subscriber to pay installation charges as prescribed by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED from time to time towards installation of such Customer Premises Network Equipment. In case of Subscriber duly returning the CPNE in proper working condition to the satisfaction of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, KHETAN TELECOMMUNICATIONS PRIVATE LIMITED may choose to refund the said installation charges either fully or partially, if any collected by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, at its sole discretion as an incentive to the subscriber at the time of disconnection or termination of the Services. The decision of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED in this regard shall be final and binding on the subscriber.
The subscriber recognizes that KHETAN TELECOMMUNICATIONS PRIVATE LIMITED is merely the supplier of CPNE (or any other hardware that be supplied), KHETAN TELECOMMUNICATIONS PRIVATE LIMITED makes no warranties of any kind, expressed or implied in respect of the same. Warranties in respect of all hardware supplied by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED will be made and issued by the respective manufacturer.

3. Billing
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED does the billing for its monthly packages once a month in advance. All subscribers of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED’s services are by default aligned to the calendar monthly billing cycle. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED bills its Subscribers on a pre-paid basis. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED Invoice shall become due and payable on the due dates mentioned in the invoice/bill from time to time. However, it will be the subscriber’s responsibility to enquire about subscriber outstanding and in case of non-receipt of bill, subscriber shall contact KHETAN TELECOMMUNICATIONS PRIVATE LIMITED and pay the amount due by the due-date. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall not be responsible for any delay or loss in transit of bill.
All payments shall be made in full by the due date mentioned in the bill, KHETAN TELECOMMUNICATIONS PRIVATE LIMITED assigns. Any delay in payment by the due date will attract an interest @2% per month. In case of dishonour of cheque, subscriber shall be liable to pay such charges as may be levied by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED from time to time. All the terms and conditions of services and payments shall be notified by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED from time to time by way of services terms & conditions and shall be binding on Subscriber. In case of Billing disputes, KHETAN TELECOMMUNICATIONS PRIVATE LIMITED ‘subscriber’s are required to email their specific concerns to support Email and the same will be addressed in 4-8 weeks, by way of a discount/ credit note passed in the account of the ‘subscriber’ if found genuine by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED.

4. Payment
At the time of subscribing to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED’s services, the subscriber is required to pay the following charges.
    1. Installation charges & activation charges, if required as per the terms of the package being subscribed to.
    2. Security Deposit, if required as per the terms of the package being subscribed to.
III. Subscription charges for the entire package amount being subscribed to.
   1. Any other charges, as may be required, as informed by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED to the subscriber in accordance with KHETAN TELECOMMUNICATIONS PRIVATE LIMITED tariff plans and associated offers.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED subscribers are required to pay their bills within the due date mentioned in their invoice/bills, else the services may be disconnected without notice. Billing disputes will only be entertained upon the subscriber first clearing the entire amount billed by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED. If KHETAN TELECOMMUNICATIONS PRIVATE LIMITED finds any genuine errors in its billing, the same will be passed to the subscriber by the way of a credit note in subsequent month’s bill/invoice. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED provides multiple monthly services to its subscribers, and its subscribers are not allowed to hold back or delay payments of one service on account of any issues or concerns that the subscriber may have with another service. In such circumstances KHETAN TELECOMMUNICATIONS PRIVATE LIMITED retains the right to disconnect the services of the subscriber without notice, in case of non payment within prescribe time. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED assigns credit limits to its subscribers based on certain parameters, and in case the subscribers cross these limits, they will be disconnected from the KHETAN TELECOMMUNICATIONS PRIVATE LIMITED service with or without notice.

5. Power
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED delivers its services using the world’s most advanced active fiber optic network which requires KHETAN TELECOMMUNICATIONS PRIVATE LIMITED to install its last mile network switch at the installation address provided by subscriber hereinabove. The last mile network switch installed by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED requires power from the subscriber and KHETAN TELECOMMUNICATIONS PRIVATE LIMITED subscriber accords his/her/their consent to the same for the duration of their subscription to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED services.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED ‘subscriber’ undertakes to never switch off the power to any KHETAN TELECOMMUNICATIONS PRIVATE LIMITED equipment which may be located in the premises of the ‘subscriber’, without giving adequate notice of at least 15 days to enable KHETAN TELECOMMUNICATIONS PRIVATE LIMITED to make alternate arrangements, at the time of services being discontinued. Any violation of the same will be treated as a breach of this agreement.

6. Usage of internet
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED explicitly prohibits its ‘subscriber’s to use the services provided by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED for any illegal or immoral activities as specifically prohibited by the laws of the land. Any deviation to this requirement, will invite immediate action from KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, including but not limited to filing a complaint / case with the necessary authorities for the purpose of enforcement of legal remedy or action.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED services cannot be used by the ‘subscriber’ for illegal voice termination activates and any notice of the same will invite immediate censure by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED and the same will be reported to the authorities who enforce the laws of the land.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED services cannot be used by the ‘subscriber’ for malicious, illegal, anti-national activities and any notice of the same will invite immediate censure by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED and the same will be reported to the authorities who enforce the laws of the land.
Reproduction or distribution, publication, copying, downloading or exploitation of any Third Party Content by the Subscriber will hold the Subscriber solely liable for infringement of Copyright or any other applicable law. If KHETAN TELECOMMUNICATIONS PRIVATE LIMITED is put to any loss of injury due to the KHETAN TELECOMMUNICATIONS PRIVATE LIMITED of any Subscriber, the Subscriber is liable to reimburse the same to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED. Subscriber is required to ensure that objectionable or obscene messages or communications which are inconsistent with the established laws of the country, are not generated/sent by the Subscriber. The Subscriber understands that the internet contains unedited material, some of which is sexually explicit or pornographic that may be offensive to some people and access to such material will be at Subscriber’s own risk and if KHETAN TELECOMMUNICATIONS PRIVATE LIMITED is subject to any loss or injury due to such an KHETAN TELECOMMUNICATIONS PRIVATE LIMITED by the Subscriber, the Subscriber is liable to reimburse the same to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED services are governed by the rules and norms prescribed by TRAI and DOT accordingly, KHETAN TELECOMMUNICATIONS PRIVATE LIMITED reserves the right to track the usage of its ‘subscriber’s and on demand provide the same to the authorised Government bodies and other law enforcement agencies
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED mandates that its subscriber’s keep their access password secure and secret all the time. Any sharing of passwords is not permitted and in case any instance of the same is observed or brought to our attention, then KHETAN TELECOMMUNICATIONS PRIVATE LIMITED reserves the right to recover damages from the ‘subscriber’. The subscriber agrees and acknowledges that he/she shall be solely responsible for any breach, loss, injury that may ensue to the subscriber out of him/her not safeguarding his/her credentials.
As per our Fair Usage Policy, every customer is allotted a generous Fair Usage Limit. Usage over and above the stipulated Fair Usage Policy Limit will result in reduced internet speeds.
The Subscriber agrees to indemnify KHETAN TELECOMMUNICATIONS PRIVATE LIMITED for any unauthorised use of internet as mentioned above, infringement of any law, rules and regulations in force from time to time and for any other defamation, infringement against KHETAN TELECOMMUNICATIONS PRIVATE LIMITED or its representatives.
Internet Telephony
Internet Telephony mean a service to process and carry voice signals offered through Public Internet by the 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 standard of any international agencies like- ITU or 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.
The addressing scheme for such internet telephony communication involving transmission of voice in packetized data format through the public Internet will conform to IP Addressing scheme of Internet Assigned Numbers Authority (IANA) alone and not the National Numbering Scheme/plan applicable to subscribers of Basic/Cellular Telephone Service, as defined by Department of Telecom.

7. Shifting your connection
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED allows its existing customers to request for a connection transfer in case you are shifting your residence/office within your city subject to availability of feasibility. The same shall be chargeable as per the charges fixed by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED from time to time. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall not be liable to refund amounts to any of its subscribers by virtue of they shifting to non-feasible areas.

8. Usage of Wifi
Usage of Wi-Fi by a ‘subscriber’ is strictly required to be in compliance with the Department of Telecommunication Policy on the same (www.dot.gov.in). The ‘subscriber’ is required to intimate KHETAN TELECOMMUNICATIONS PRIVATE LIMITED in advance in case they are installing a Wi-Fi Router or Access Point on the connection provided by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED.
‘Subscriber’ is required to ensure that his router SSID is in hidden mode and the access to the same is not open and is controlled by way of a Network key / encryption key. Subscriber’s may also opt to use Wireless Plus, the centralised managed Wi-Fi Routers provided by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, in order that KHETAN TELECOMMUNICATIONS PRIVATE LIMITED can ensure compliance with the Wi-Fi policy and rules, in case the subscribers are not able to ensure compliance on their own with these requirements. The Wireless Plus – Home Wi-Fi device will function only on the KHETAN TELECOMMUNICATIONS PRIVATE LIMITED Network. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED is merely a provider of cable modems/routers or any other hardware that may be required to enable the services. Such equipments shall carry such warranties as provided by the original equipment manufacturer. Subscriber may have no right or claim against KHETAN TELECOMMUNICATIONS PRIVATE LIMITED for the failure of cable modem / routers / or any other hardware that are required to provide the services. If the subscriber has purchased the Wi-Fi router, cable modem/wireless equipment and wish to terminate the subscription before all the instalments have been paid to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, the subscriber will have to pay the balance amount payable to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED failing which subscriber will have to return the modem / routers / or any other hardware to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED and no money will be refunded to the subscriber in lieu of the such returned equipments.
Provision of free Wi-Fi router if any, being provided to the customer for any term plans (like 6 months and 12 months term plans), is purely at the discretion of the company (KHETAN TELECOMMUNICATIONS PRIVATE LIMITED) and such Wi-Fi router shall always remain the property of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED. Customer undertakes to return the same router at the discontinuation of the service to the company in a reasonable condition.
In case the customer chooses to discontinue the services of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED before the expiry of the contractual period (6 months or 12 months term as the case may be) or any further renewed period based on which a free Wi-Fi router was provided by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, the customer is liable to pay the cost of the Wi-Fi router to the company, which may be determined by the selling price of such router by the company. Failing which KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall be entitled to deduct the Wi-Fi Router Charges from the unused advance subscription charges, if any, at the discretion of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED and the subscriber shall not have any demur or protest of the same.
Speed indicated in the tariff plans can be best experienced on LAN Connectivity. Speed variations may arise due to Wi-Fi Router or any other connectivity equipment being used by the customer KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall not be responsible in such cases.
The free usage of Wi-Fi Router offer is a one-time offer, available only with select tariff plans of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, which is subject to change from time to time. Subscribers are requested to visit KHETAN TELECOMMUNICATIONS PRIVATE LIMITED our website for latest plans and offers. No free router will be given on a subsequent renewal or in case of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED upgrading the existing plans.

9. Installation
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED endeavours to provide installation of a new connection within 15 working days, as prescribed by TRAI, subject to Technical feasibility. In case of any delay beyond 15 working days, TRAI guidelines are adhered to by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED. Note-If extra cabling is required for feasibility additional charges will apply.

10. Refund Policy
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED does not entertain refund of any amounts that may have been paid by the ‘subscriber’, for an Annual / Semi Annual / Quarterly / Monthly/ Child Plan Package/ Wireless Plus – Home Wi-Fi Device or any other similar package offered by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED from time to time. Only in case of non-feasibility of a new connection, refund is made by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED.
The time for a refund to be affected is 4-6 weeks, beyond the allowable time of 15 working days as mentioned above.
If the customers opts for an advance rental plan and opts for disconnection before the end of the said plan term, he/she will not be eligible for refund of advance rental/subscription charges paid except the refundable deposit if any paid by the customer.

11. Schemes
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED may offer gifts voucher/ schemes with some of its product offerings. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED reserves the right to withdraw these schemes at any point of time without prior or advance notice. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED requires 4-8 weeks to deliver the Gift Vouchers, and the same is done on a best effort basis. The ‘subscriber’ has to ensure that correct address information and address proof is provided in the Customer Application form, otherwise KHETAN TELECOMMUNICATIONS PRIVATE LIMITED cannot be held accountable for any delays in delivery of any product.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, from time to time, may offer software packages / products to its ‘subscriber’s, which would be typically linked to the ongoing subscription to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED’s services by the ‘subscriber’. These packages and products are third party tools/ applications and KHETAN TELECOMMUNICATIONS PRIVATE LIMITED would offer the same on a best effort basis. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED is not responsible for any effect on the performance of ‘subscriber’ system/ pc/ laptop/ router, due to installation of this third party software or any loss or financial implication that the ‘subscriber’ may suffer as a result. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED explicitly reiterates that usage of said products is at the discretion of the ‘subscriber’ and is not a mandatory requirement in order to use the services of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED holds no responsibility for any faults/damages/malfunctioning of the said gift products and all warranty/guarantee/after sales services would be provided by the dealer/distributor of manufacturer of the said gift products.
Any software/product that is being provided/marketed by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED is provided on “as is” basis, without any warranty other than what is explicitly stated under End User License Agreement (EULA) and other Terms and conditions of such product/software. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED does not guarantee the service or software or related documentation in terms of their correctness, accuracy, reliability, or otherwise. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED expressly disclaims all implied warranties, including but not limited to implied warranties of title, availability, performance, non-infringement, merchantability, and fitness for a particular purpose. You assume the entire risk as to the results and performance of the product/software.

12. Disclaimer
The Internet contains unedited material, some of which may be illegal, sexually explicit, immoral or offensive. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED is merely providing connectivity to the internet and has no responsibility or control over the contents of the internet or the individual’s usage of the same. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED is not responsible for
virus/malicious traffic which may infect the PC/Laptop of the KHETAN TELECOMMUNICATIONS PRIVATE LIMITED subscriber, since KHETAN TELECOMMUNICATIONS PRIVATE LIMITED has no control over the same. You, the KHETAN TELECOMMUNICATIONS PRIVATE LIMITED subscriber, assume full responsibility and risk for the use of the services provided by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED. The subscriber is solely responsible for evaluating the accuracy, completeness and usefulness of all services, products and other information and the quality and merchantability of all merchandise provided through the internet access service offered by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED. The services by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED are provided on an “As is and Available” basis only. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED does not warranty that the services will be uninterrupted, error- free or free from viruses, Trojan horses or harmful components.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED also hereby informs the subscriber that their personal details will be provided to the Legal Authorities on demand, without any prior intimation to the subscriber. The Subscriber may visit the privacy policy duly defined by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED in its website.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED will put in best efforts and strive to maintain the maximum possible uptime of the services. However KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall not be liable for any downtime in the services and offers no guarantee of end-to-end bandwidth on internet. KHETAN TELECOMMUNICATIONS PRIVATE LIMITED may suspend the services during Technical failure modification or repair or testing of the services network and shall not be liable to refund any amount to the Subscriber for any other loss including any direct, incidental, exemplary multiple special punitive or consequential damages that the subscriber may sustain when the services are interrupted / suspended owing to causes and reasons beyond its control.

13. Limitation of Liability
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall not be liable to the Subscriber in any manner whatsoever for any costs or damages that may arise directly or indirectly on account of your using the services provided by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, including any loss of business, direct, incidental, exemplary multiple special punitive or consequential damages in any event, (notional or otherwise) that you may claim to suffer on account of any deficiency, failure and/or delays in the services provided by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, in the event of deficiency, failure and/or delays in KHETAN TELECOMMUNICATIONS PRIVATE LIMITED’s Services are connected or related, directly or indirectly, to any reason which is beyond the control of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED.
For this purpose, a matter beyond the control of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall include but shall not be limited to the following:
    1. Delay and/or disruption in services attributable directly or indirectly to the lines of the upstream gateway services provider.
    2. Delay and/or disruption in services attributable directly or indirectly to the directions of any statutory and / or regulatory authorities.
III.Delay and/or disruption in services attributable directly or indirectly to a change in Law.
    1. Delay and/or disruption in services attributable directly or indirectly by reason of acts of god, lightning strikes, earthquakes, floods, storms, fires, natural disasters, explosions, war, hostility, civil commotion, public enemy, sabotage, riots, bomb-blasts, strikes, epidemic, quarantine, restriction,
lock out, electricity fluctuation, electrical surges, electrical short circuit, internet outage, network outage, fibre cut, malicious damage and etc.(FORCE MAJEURE).
Subject to clause No 12 and first provision of clause 13 above, KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall be liable to compensate the subscriber only on the account of deficiency of services provided by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED to extend waiver of charges as prescribed by regulations issued by Telecom Authority of India. Further KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall not be liable for any claim made by the subscriber for any loss including but not limited to equipment loss, property loss arising due to malfunction of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED equipment’s installed in customer premises due to the reasons beyond the control of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED that including but not limited to electrical short circuit, electrical outage and etc.

14. Termination of Agreement
Continued use of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED services, constitutes acceptance of the terms of this agreement in its present form without exception and also includes acceptance of any future revisions to the same. If the ‘subscriber’ is dissatisfied with the services provided by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED then the sole and exclusive remedy available to
the ‘subscriber’ is to stop using the services and to terminate the KHETAN TELECOMMUNICATIONS PRIVATE LIMITED account, under intimation to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED in writing. This does not absolve the ‘subscriber’ of any dues which remain and the same remains payable.

KHETAN TELECOMMUNICATIONS PRIVATE LIMITED also reserves the right to withdraw/suspend/terminate/disconnect the services to the ‘subscriber’ partially or fully for any number of reasons including but not limited to negative address verification, non-payment, violation of any terms of this agreement, usage of the service for any illegal or immoral activity and subscriber’s equipment or software is interfering with KHETAN TELECOMMUNICATIONS PRIVATE LIMITED’s other services if so found by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED etc.
If the subscriber commits breach of any of the terms and or conditions of this terms and conditions, KHETAN TELECOMMUNICATIONS PRIVATE LIMITED 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 agreement.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED reserves the right to modify/alter/change/withdraw the tariff plans without any notice

15. Reinstatement of services
Reinstatement of services will require full payment of outstanding balance and other charges plus installation fees. It shall be KHETAN TELECOMMUNICATIONS PRIVATE LIMITED’s sole discretion to allow such reinstatement of the services fully or partially.

16. Assignment:
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall assign this contract to anybody at any time. The same shall be binding on the Subscriber. This contract and the services shall be non-transferrable by
subscriber at any time.

17. Severability & Jurisdiction
If any term or condition of this contract becomes or is declared illegal, invalid, or unenforceable for any reason, such term or condition shall be divisible from this contract and deemed to be deleted from this contract and the other provisions shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will modify the provisions of the contract. The provisions of all obligations and all restrictions on Subscriber will survive the termination of this contract. Any question, dispute or difference among out of this contract, shall be referred to arbitration. The Arbitration shall be conducted by a sole arbitrator appointed by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED. The arbitration shall be governed as per the Arbitration and Conciliation KHETAN TELECOMMUNICATIONS PRIVATE LIMITED of 1996 as amended from time to time.

18. The provisions of all obligations and all restrictions on Subscriber in clauses 3, 4, 6, 12 & 13 shall survive the termination of this agreement.

19. Governing Law
The Services provided by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall be governed by the provisions of Indian Telegraph KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, 1885, Indian Wireless Telegraphy KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, 1933 and Telecom Regulatory Authority of India KHETAN TELECOMMUNICATIONS PRIVATE LIMITED, 1997 as modified or replaced from time to time.
This Agreement shall be governed by the laws of republic of India.

NOTE:
TRAI has defined Broadband as an “always on” data connection with minimum speed of 512 Kbps.
Appropriate documents as sought by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED from time to time shall be submitted by subscriber to avail services and offers if any. The plans/ offers are subject to guidelines/direction/orders issued by TRAI and/or DOT.
Fair Usage Policy (FUP) is applicable on both the upload & download parameters. If either one parameter exceeds the limit, the speed of the said Broadband connection will be reduced.
KHETAN TELECOMMUNICATIONS PRIVATE LIMITED shall undertake re-verification of its subscribers on its own or as mandated by DOT/TRAI from time to time. Subscriber shall provide complete co-operation to KHETAN TELECOMMUNICATIONS PRIVATE LIMITED during such audits and provide updated KYC credentials as sought by KHETAN TELECOMMUNICATIONS PRIVATE LIMITED.Customer may refer the offer details provided on 6 and 12 months advance term plans at our website by choosing respective location.

DECLARATION:
I/We, the subscriber, hereby confirm having read all the above terms and conditions and also confirm my understanding and acceptance in full to the same, without exception. Subscription of KHETAN TELECOMMUNICATIONS PRIVATE LIMITED’s services by me or by my entity shall constitute complete acceptance and consent to the terms and conditions mentioned under this Customer Application Form. I have read the details of the tariff plan chosen by me and have fully understood the one time charges & monthly charges and all the terms and conditions. I accept all the terms and conditions. I also accept and declare that no extra amount has been collected from me, apart from the amount quoted by me above. I hereby declare that the service I have enrolled herein is for my personal use and not for any commercial activity.