General / Regulatory Terms & Conditions
It is agreed between Dehradun Enet Solutions Pvt Ltd. OR its successor, assignee, transferee and you ('You' or the 'Subscriber') to the following:
- Service shall mean the service provided by E Net;
- Agreement mean this
(i) CAF; and
(ii) the agreement or GTCs together with any schedules thereto, which shall constitute the agreement between Customer and E Net.
- Customer shall mean the name as set out in the CAF.
- LICENSE CONDITIONS:
Telecommunication and the related Services are provided by E Net, by virtue of the ISP License given by DOT, MCIT, GOI. A change mandated by the DOT or Telecom Regulatory Authority Of India (TRAI) shall apply to the Service from the date of notification by the Government.
- ENet shall inform of any change impacting the Customer or the Services from time to time;
- ENet may require resubmission of any CAF, should CAF be incomplete or with insufficient information or incorrect information
- Services will be activated after completion of CAF verification
- Customer shall indemnify and keep indemnified E Net for all and any claims, proceedings or actions brought against E Net arising out of any breach by the Customer of the Regulatory Terms.
- USE OF SERVICES:
The Customer shall use the services only for the purposes specified by the Customer in the CAF and shall not use for any other purpose unless otherwise permitted. The Customer understands and agrees that E Net shall be entitled to suspend / terminate the service, for any unauthorized or fraudulent use and be indemnified for the financial penalty as levied by Authority. The Services shall not be used for call center / other service provider (OSP) operations without registration with DOT as a call center/ OSP and submit copy of license/ registration. The customer having OSP registration shall ensure that logical partitioning of public network has been undertaken with the NPLC/MPLS IP network and necessary declaration to this effect has been given to the respective TERM Cell of DOT (Licensor).
- OBLIGATIONS OF THE CUSTOMER:
- The Customer shall intimate in writing details of change of name, address, title or constitution whenever such change take place.
- The Customer shall be allotted an identity number of E Net which is and shall always remain the property of E Net.
- The Customer shall ensure that PSTN, PLMN & ISDN (Public Network) shall not be connected with the Internet Services procured from E Net.
- The Customer shall ensure bone-fide use of the services under this agreement. In case any such misuse is detected by E Net than the Customer shall be solely responsible for it and shall indemnify E Net for all civil & criminal consequences as the case may be.
What Customer shall do: Customer shall use all reasonable efforts to ensure that User's directives and all relevant codes of Governmental Authorities be fulfilled.
What Customer shall not do: Customer shall not:
- use any Services for any abusive, improper, immoral, offensive, illegal or fraudulent purposes;
- do anything that causes the Network to be impaired or damaged;
- re-sell any Services.
- Customer cannot use Services to access other data networks, web sites and other resources or to download content and load Software applications onto Equipment that generate communications traffic (intentionally or accidentally).E Net is (and shall) not be responsible for the content, usage or any losses that arise to the Customer from the use of the services.
- REGULATORY COMPLIANCE SPECIFIC PROVISIONS:
- The CAF binds the customer, their executors, administrators, successors and permitted assignees to the terms & conditions of the CAF;
- Customer shall allow or obtain the requires permission to enable E Net employees or authorized personnel, enter at all times into the premise where the Services are provided for periodical inspection, installing, maintaining, replacing and removing equipment hardware and/ or software prior to during and after the provision of services;
- The Customer undertakes to comply with relevant and applicable laws, licensing conditions, directions, notifications, rules and regulations regarding the use of the Service and the amendments, replacements made from time to time by the licensor in India and any other statutory authority in India;
- The Customer shall obtain any relevant consents and approvals for the installation and use of any equipment located at the Customer sites and associated with Service an any permits, consents or approvals required by the Customer to use the Service
- Customer shall use the Services in accordance with the Permits;
- Customer shall ensure that any network equipment ( not provided by Services Provider) which it uses in relation to the Services meet the relevant International Telecommunication Union (ITU)/ Telecommunications Engineering Center (TEC) standards;
- The Customer must ensure that service provided, is not used for any unlawful purposes using the Services as End user. The customer shall ensure that objectionable, obscene, unauthorized or any other content, messages for communication infringing copyrights, intellectual property right and international & domestic Cyber laws, in any form or inconsistent with the laws of India, are not carried in their network by them of any other authorized person using their network during the provisioning of Services, The Customer must take all necessary measure to prevent such use. The use of the Service for anti-national activities shall be construed as an offence punishable under the Indian Panel Code or other applicable law.
- Customer agrees and acknowledges that regulatory and law enforcement agency can access Customer premises and intercept the traffic generating by using the services and facilities provided by Enet and customer shall provide necessary facilities / access / consent to E Net including but not limited to LEAs/Authorities to monitor, control, prevent counter any such or others unlawful activity.
- Customer understand that customer and its End User use the services at their own risk consequences and E Net has no control over and accept no responsibility whatsoever for such the Customer use of the with all regulatory / legal and statutory requirement during such use of the Services.
- Customer understands and agrees that E Net shall terminate the Service provided to the Customer immediately without any prior notice, upon any violations of these terms to condition by the Customer and/ or directive of any law enforcement agency (LEA) / Judicial / Authority or any other government agency.
- If customer has deployed any NAT (Network Address translation) mechanism for access over the internet connectivity, then he shall comply with DOT instruction No. 820-01/98- LR/VOI (IX) pt..I Dt-01-10-2013 for recording and maintenance of the NAT system log parameters as specify therein.
- If Customer has deployed / purposing to deploy any Wi Fi connectivity on E Net's internet Leased Line then he shall comply with DOT instruction issued under F.No.820-1/2008-DS Pt. II DI. 23- 02-2009 along with instructions no 20-271/2010/ASI (Vol-III) date 21-12-2021
- PRODUCT TERMS & CONDITIONS:
- The detailed layout diagram for the Services stating all the termination ends may be required from the customer, which may include the following details viz. make, model and type of terminal interface purpose to be used. In case the E Net is not providing terminal equipment's for the services, then customer would have to arrange for the terminal equipment and also maintain the same at the customer's own cost. The terminal equipment arranged and maintain by customer shall at all-time be in accordance with the specifications approved by the Telecom Engineering Center(TEC), Department of Telecommunication, ministry of Communication & Information Technology, Government Of India, New Delhi-110001 and any other amendment thereof. The customer shall solely be responsible for compliance of the aforesaid terminal equipment.
- Before carrying out any change or alteration in any configuration of the equipment use for the channel, speed of operation or location of equipment by customer under the service; Customer shall ensure prior written consent has to be obtain from E Net.
- Unless permitted under applicable laws regulation and on Customer giving E Net prior written notice, customer cannot terminate service at either end on public switched network or any other network.
- This Service provided by ENet shall be used by the Customer exclusively for the sole use of transmission / reception of message related to customer's business within the Customer network for purpose for which the service are required to be used an shall not connect with any other telecommunication service or equipment that alters the system use. The service provided to customer shall not be used by customer either directly or indirectly or for receiving payment or any other consideration due to transmission or communication of any messages. Customer shall always ensure that during the term of this CAF to not re-sell the service.
- Without prior notice, E Net may at any time through its authorized representative inspect to the customers operating rule & associative apparatus during circuit leased period and the customer as agreed to the co-operate in the all manners and provide all assistance, for and during inspection.
- E Net shall have the right, at any time without notice to the customer to withdraw and resume providing of service for such period or periods as it shall think fit in the case it is of the opinion get such an action is necessary or expedient in the public interest. The decision of E Net in the respect will be final and E Net shall not be liable to pay any compensation or other payment of any kind such as those in the nature of damages of any kind to the customer for exercising such rights.
- Disclaimer-Customer hereby acknowledges that, except as specifically set for herein, E Net has neither made nor makes any warranty, representation of indemnity with respect to the quality of service provider to customers under the service.
- CONTRACT TERMS AND COMMERCIAL :
This CAF shall be read with any agreement between the customer and E Net or the GTCs as applicable. The CAF terms will prevent over any provision in the agreement of GTCs which conflict with term in CAF.
- GOVERNING LAW:
This CAF shall be subject to Indian law and courts of jurisdiction shall include courts in the place where customer has a place of business or where the cause of action arises or the place where the services have been offered.