Provision of Telecommunication Service

• “Service” shall refer to data services including the ability to access the internet or any value added service (“VAS”) that may be provided by UNQ Communication Pvt. Ltd.. These terms shall apply, wherever applicable, to all services provided irrespective of the technology, methodology or mechanism used to deliver the services.
• All services are subject to network availability. UNQ Communication Pvt. Ltd. network used for providing the services (“Network”) is made available on an as - is - as available basis and UNQ Communication Pvt. Ltd. makes no representation, guarantee or warranty regarding the availability, fitness, quality or reliability of the network whatsoever. Please note that UNQ Communication Pvt. Ltd.’s network availability may be adversely affected due to force majeure circumstances, any acts of god and also due to limitation cause by the topographical / geographical / demographic factors. Data speed on the network may be affected by additional factors such as network congestions, time of day, site accessed, equipment used etc. network and services may also be affected incase where inter connection with other network may not be available or for routine maintenance works including any updates / upgrades / repairs etc. in no circumstances shall UNQ Communication Pvt. Ltd. be responsible or liable, in any manner whatsoever, irrespective of nature of damages, whether or not such damages could have been foreseen, prevented by UNQ Communication Pvt. Ltd. and even in UNQ Communication Pvt. Ltd. had been informed of the possibility of such damages, for nay loss of data, network unavailability, service unavailability, or any other claim whatsoever related to the quality or availability of sufficiency of the network or services. The aforesaid limitations shall apply to the fullest extent permitted by law
• Services shall always be provided subject to applicable law as well as any applicable guidelines / instructions issued by any statutory, quasi-judicial, regulatory or judicial authority (such as TRAI, DOT, Income Tax Department, TDSAT etc.) including, without limitation KYC requirement, legal interception requirement and any other applicable law, regulation, UASL license condition or similar binding provision (“Compliance Requirements”). UNQ Communication Pvt. Ltd. Reserves the rights to take any action (Including omission), including the suspension / modification of services (or part thereof), cancellation or services (or part thereof) or the suspension / cancellation of any portion of these terms as may be necessary to meet any Compliance Requirements
• Service Obtainer will not reproduce, distribute, publish, copy, download otherwise exploit any third party content which id protected by copyright or nay other intellectual property rights, unless the Customer owns the relevant rights there to or have obtained all the requisite license and approves. The Service Obtainer shall alone be liable and responsible for all such unauthorized reproduction or distribution, publication, copying downloading or exploitation of any third party content by the Customer or for infringement of copyright or any other intellectual property other applicable laws
• Service Obtainer is required to ensure that any objectionable or obscene massage or communication or material are not generated / sent by the Service Obtainer, which are in derogation the established laws of the country. Service Obtainer acknowledges further that the internet contains unedited material, some of which may be obscene, sexually explicit or pornographic material which are in derogation of the Indian laws, over which the Company has no control whatsoever. The company accept no responsibility whatsoever for access of such material by the Service Obtainer which shall be at the sole risk of the Service Obtainer
• Spam / unsolicited mails not allowed, if found service will be terminated effect. Service Obtainer’s will be temporarily terminated once identified transmitting virus affected mails.
• Services are provided for your bonafide use only, you may not resell or cause to resell or offer to resell these services, inter connectivity with other ISP’s.

Tariff & Charging

• The UNQ Communication Pvt. Ltd. will charge the tariffs for the service as per the Tariff orders / regulation / direction / decisions issued by TRAI from time to time. Customer acknowledges and agrees that will pay the company in advance the initial sign up fee / Installation Charges and / or Service Package fee and other charges as and when they fall due as may from time be notified to customers by the company, customer also agrees to pay all applicable statutory taxes relating to the services by the customer
• Any request for upgrade of service or service equipment by the user shall be provided only upon the user paying the additional charges as applicable. The additional service or service equipment provided shall continue to be governed by and subject to the terms and conditions or the agreement. Transfer of UNQ Communication Pvt. Ltd. Connection / Services shall be as per UNQ Communication Pvt. Ltd.’s Policy. However any request for downgrade of service by user shall be carried out only after the expiry of the service contract period.
• Company shall not be liable to refund any amount to the customer when the service is down or interrupted or suspended.
• Company reserves the right to revise the installation charges, price list an service package for the service from time to time at its discretion, which will be binding on the customer. It will be sole customer’s responsibility to inquire about customer Bill / Invoice of Service Package Charges / fees and in case of non-receipt, company reserves the right to withdraw / suspend / terminate the service partially or fully in case of non-payment of invoice by the due date.

Customer Premises Equipment (CPE)

• Certain Services may require the installation of equipment at the premiss where services are to be provided (Ex. Any Active or Passive Equipment / Cable shall consider as a CPE). Unless such CPE has been expressly sold to you with a written receipt for such sale, all CPE shall always remain the exclusive property of UNQ Communication Pvt. Ltd. and you shall have no right, lien or charge over the same. All CPE is to be maintained in accordance with the CPE manufacturer’s instruction, the warranty instruction and also any additional instruction that may be given by UNQ Communication Pvt. Ltd. in this regards
• You may, under any circumstances, make any changes in the way the CPE is installed, configured or in the way CPE has been designed to access the services or in the manner CPE has been programed to access the services by UNQ Communication Pvt. Ltd. You may not use the CPE for any purpose other than to avail the services. UNQ Communication Pvt. Ltd. reserves the right to change / upgrade the CPE from time to time
• You shall be liable for any damage to the CPE and such cases UNQ Communication Pvt. Ltd. shall provide a repair / replacement in accordance with its there applicable Policies. Such CPE as well as the repair / replacement of CPE may be provided by UNQ Communication Pvt. Ltd. through its partners and sub-contractors
• UNQ Communication Pvt. Ltd. reserves the right to physically audit the CPE at the premises where it is installed to ensure that the CPE is being used in accordance with these terns. Any usage of CPE in violence of these terms shall be grounds for suspensions / termination of services. CPE shall be return to UNQ Communication Pvt. Ltd. post the termination of services.
• UNQ Communication Pvt. Ltd. exercises no control over and accepts no responsibility for the content of the information passing through the Network, CPE. Service Equipment, or a service. UNQ Communication Pvt. Ltd. specifically denies any responsibility of the accuracy or quality of information obtained through the Networks, CPE, Service Equipment or a Service. Use of any information obtained via the Network, CPE, Service Equipment or service is at Customer’s own risk. Service Obtainer’s shall promptly and thoroughly respond to any notices forwarded to Customer’s by UNQ Communication Pvt. Ltd., including, but not limited to notices that user content violates the applicable law
• You shall not shift the CPE for transfer the same in any manner and in case you violet this condition, UNQ Communication Pvt. Ltd. may remove the CPE from your premises and terminated service/s without incurring any liabilities

Additional Terms & Conditions for Broadband services and VAS

• You agree that Internet / VAS will be provided subject to operational and technical feasibility. You agree that broadband speed is the maximum prescribed speed for which you are entitled and UNQ Communication Pvt. Ltd. does not assure that the said speed shall be maintained at all times and the same may very depending upon the network congestion, technical reasons or any other unavoidable circumstances. You further agree that installation of Broadband services require several vital and time consuming activities, inter-alia, including laying down of cable, proper wiring of the area / premises, allocation of tag in the switch, other technical requirements etc. and therefore UNQ Communication Pvt. Ltd. does not assure that any fixed time line for activation of services. UNQ Communication Pvt. Ltd. shall endeavor to activate the service within reasonable time and you agree that you shall not raise any claim or action or damages of whatsoever nature on account of delay in activation of services and, in case of any default by UNQ Communication Pvt. Ltd., UNQ Communication Pvt. Ltd.’s Maximum cumulative liability shall be limited to a refund of the initial amount paid by you. You shall maintain log of all users connected and the service they are using. You must also log every outward login or telnet through their computers these logs, as well as copies of all the packets originating from the customer equipment or CPE must be available in “REAL TIME” to the applicable authorities. In the event you installed any Wi-Fi network, you shall duly informed UNQ Communication Pvt. Ltd. and undertake to; (i). use secured Wi-Fi network connection to avoid any misuse; (ii). Be solely liable and responsible for any use / misuse of any Wi-Fi installation; (iii). Setup and maintain you own authentication mechanism for ensuring the security of internet usage through Wi-Fi services; (iv). Keep a log of all the events on Wi-Fi network for a period of at last 1 (one) year and shall provide the same to the regulatory and / or security agencies as and when demanded.

Internet Protocol (IP) Address (es)

• UNQ Communication Pvt. Ltd. grants to the user a non-exclusive, nontransferable, revocable license to use the IP Address for the sole purpose of accessing the network / Services. IP addresses shall not become the property of the Obtainer. UNQ Communication Pvt. Ltd. grants to the Obtainer a non-exclusive, nontransferable, revocable license to use the IP Address for the sole purpose of accessing the Network. IP addresses shall not become the property of the Obtainer. UNQ Communication Pvt. Ltd. may change a licensed IPaddress from time to time on either Fifteen (15) day notice to the Obtainer or even immediately, in cases of emergency or fault repair. The IP Address assigned to Obtainer by UNQ Communication Pvt. Ltd. or a provisioning entity in connection with the services shall be used only in connection with the service. If the event Obtainer discontinues use of the service for any reason, or the agreement expires or is terminated for any reason, Obtainer/s right to use the IP Addresses shall also terminate and the IP Addresses shall be deemed to have reverted immediately to UNQ Communication Pvt. Ltd. In case user wants additional IP Addresses, the same may be allocated by UNQ Communication Pvt. Ltd. however the additional IPAddresses may or may not belong to the existing block of IPAddresses

Security

• The Obtainer agrees that UNQ Communication Pvt. Ltd. shall not be liable in any manner for the consequences to Obtainer of an unauthorized breach of Obtainer’s system security such as hacking or denial of service attacks. Additionally, Obtainer confirms that it shall conduct such tests and computer virus scanning as may be necessary to ensure that date uploaded or downloaded by Obtainer dose not contain any computer virus and will not in any manner corrupt the data or systems of any person
• UNQ Communication Pvt. Ltd. shall be entitled to, in addition to any other remedies available under law, suspend the Service or terminate this Agreement in accordance with the provision contained therein, upon written notice for any violation of the aforesaid terms and conditions by the Obtainer

INDEMNITY

• Customer will be responsible and liable for and will indemnity the company in respect of liability for any and all use of customer’s account and all actions and costs incurred and for all use of the service accessed through customer’s account of otherwise by virtue of the provision of the service to the customer including but not claims for defamation, infringement of copyright or any other intellectual property right or for misuse of the service and any breach or non-observance of any term of this contract by the customer.

ARBITRATION

• In the event of any question, dispute of difference arsine out of provisions of the service. The matter shall be referred to Arbitration shall be government as per the Arbitration and conciliation Act of 196. The Arbitration shall be held in Junagadh.

ASSIGNMENT, TRANSFER AND EXIT POLICY

• This contract the service shall be non-transferable by Customer in nature and any private transfers affected by Customer shall not absolve Customer of its primary duty towards the company for the charges levied pertaining to such particular contract / service. However customer may seek company’s prior permission being granted by the company. Customer shall be under on obligation to fulfill requisite documentation formalities and payment of charges as specified by the company from time to time Customers shall be liable and under an obligation to fully discharge its payable dues till the date of such regularized transfer from the company
• Either party can terminate the agreement without assigning any reason by giving one month’s notice. The notice shall be given in writing and either delivered by hand under acknowledgment or sent by email, electronic mail to Facsimile. UNQ Communication Pvt. Ltd. may also end this Agreement and the provision of the service immediately if user breach this Agreement if concerned has misused or abused the service.