Here are the terms & conditions to protect mutual interest.
These terms and conditions govern all the provisions of Internet Services By EMPL(Excell Media Pvt. Ltd), having Registered Office at 8-2-268/N/28/A/2, Quinn House, Road No.2, Banjara Hills, Hyderabad - 500034. Phone: 040 - 40401000, 23555000, 23555111, Fax : 040 - 23554549
The service is provided for decent and lawful purpose only and without any express or implied warranties save for those warranties implied or imposed by under Indian Law.
The service is provided on an 'AS IS AND AVAILABLE' basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability of fitness for a particular purpose. No advice of information given by EMPL, its affiliates or respective employees shall create a warranty. Neither EMPL nor its affiliates warrant that the service will be uninterrupted or error free or that any information, software or any other material accessible on the service is free of viruses, worms, trojans or other harmful components.
Fair Usage Policy - Upon reaching the fair usage level, the plan speed would be rationalized as per tariff plan limits for the rest of the billing cycle. Please note that the speed would be set to normal at the start of the following billing cycle.
Customer acknowledges and agrees to pay non-refundable charges like installation charges, monthly or quarterly or half-yearly or annual service charges whichever is applicable and any other respective charges. Customer also agrees to pay all applicable statutory taxes relating to the use of the service.
EMPL will provide necessary assistance for configuration and commissioning Internet Connectivity at the service address of the customer during installation. EMPL will not be responsible for internal network configuration or internet setup or WiFi configuration on the customer end.
EMPL shall not be liable to refund any amount if the service is down or suspended or terminated or even customer discontinued due to whatever may be the reason.
EMPL reserves the right to revise the charges, price list and service packages from time to time at EMPL's own discretion, which will be binding on the customer.
EMPL will invoice the customer on a periodic basis and an invoice will be posted, couriered, e-mailed or faxed to the customer and customer has to pay the respective charges within 05 days from the date of Invoice.
All charges must be paid in full without any deduction, set-off or with holding. If customer does not pay the amount within the due date, the company will be entitled to charge interest @10% per month on the outstanding amount until the outstanding amount has been paid by the customer.
In case if the customer shifts from the service address to some other place or want to discontinue the services for whatsoever may be reason, EMPL is neither responsible for shifting of connectivity nor liable to refund any amount to the customer.
It will be Customer's responsibility to enquire about Customer outstanding and in case of non-receipt of bill, Customer has to contact EMPL and pay the amount due by the due date. EMPL reserves the right to withdraw/suspend/terminate the Service partially or fully in case of non-payment of invoice by the due date.
Charges will be applicable if the customer intends to shift the connection internally or any feasible area.
Customer should not reproduce, distribute, public, copy, download or otherwise exploit any third party content which is protected by copyright or similar rights unless the customer owns or controls the relevant rights there to or have obtained all the requisite licenses and approvals. Reproduction or distribution, publication, copying, downloading or exploitation of any third party content by the customer as aforesaid will hold the customer liable for infringement of copyright or other applicable laws.
Customer 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 customer. Customer understands further that the internet contains unedited material, some of which is sexually explicit or pornographic material that may be offensive to some people. Customer access to such material will be at customer's own risk. EMPL has no control over and accepts no responsibility whatsoever for such materials
Customer confirms and warrants that all the information supplied by the customer while registering for the service are true, complete and accurate in all respects.
Customer is not allowed to resale the service and the right to access is subject to limits and restrictions established by EMPL from time to time.
The hardware and software used for installation, which is deployed at customer's premise will be the property of Excell Media Pvt. Ltd
Customer is required to fully comply with the provisions of the Indian Telegraph Act, 1885, and the Indian Telegraph Rules made there under and any amendments or replacements or replacements made thereto from time to time.
EMPL shall not be a party to any transaction including, without limitation, for goods, service and/or third party content between the third party content provider, etc. any the Customer.
In no event shall EMPL or the employees be liable to anyone for any or any special, incidental or consequential damage arising out of or in connection with the use of (or inability to use) the service, including, without limitation, damage resulting from or for loss whether direct or indirect of business revenue or profits, anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever, non-deliveries, or service interruptions whether attributable to any negligent act or omission of EMPL or of its employees or otherwise, no guarantee of end-to-end bandwidth on internet is made.
EMPL will put in best efforts and strive to maintain the maximum possible uptime of the service. However EMPL will not be responsible for action beyond it's control. Customer acknowledges and accepts that in the very nature of the service to be provided there can be number of factors affecting the provision of the service and company's obligation to provide the service shall be on best endeavor basis.
The customer acknowledges and accepts that EMPL shall not be liable for any downtime in the service due to technical problems in cable operator's network.
Customer acknowledges and accepts that EMPL can carry forward connections from the hardware deployed at their premises.
EMPL reserves the right to modify and amend this contract, the service, operating procedures or any of its service fees, late charges and prices and may discontinue or revise any or all other aspects of the service at EMPL's sole discretion.
If the customer commits breach of any of the terms and or conditions of this contract including non-payment or late payment of any part of any invoice or if customer's use of or action in connection with the use of the service is inappropriate, in EMPL's sole opinion, with the continued use of and/or subscription of the service, EMPL may at any time, at company's sole discretion and without prejudice to any other remedy available to it at law, either suspend customer's access to and use of the service until such breach is remedied or terminate this contract and customer's access to and use of the service immediately. Reinstatement of Service will require full payment of outstanding balance and other charges plus applicable initial sign-up fee. It shall be EMPL's sole discretion to allow such reinstatement of the Service in full or part.
EMPL may suspend the service during technical failures, network modification or repair or testing of the service network.
EMPL reserves the right to partially or fully withdraw, suspend or terminate the service with or without notifying customer in case customer's payment instrument is returned for whatever reason by customer's banker.
EMPL reserves the right to appoint any agency and authorize the agency to do verification of information provided by the customer and collection on EMPL's behalf. In case of any incorrect information found in the application form given by customer, company reserves the right to partially or fully withdraw/suspend/terminate the service forthwith without any notice in that regard.
If at any time, during the continuance of the service, the performance in whole or in part, of any obligation under it shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, cyclone, earthquake, riots, bomb-blasts, explosion, epidemic, quarantine, restriction, strikes, lock out, compliance with regulations, orders or instructions of any central, state or municipal Government or agencies thereof or any other Acts of God etc., customer will not have any claim for damages against EMPL in respect of such non-performance or delay in performance of the service.
EMPL shall not be liable for any power failures, high voltage short circuits or any other type of accidental damages.
EMPL shall not be liable to the customer in any manner whatsoever, for any delay or failure in providing the services, if the same is related or connected, directly or indirectly, to any reason that is beyond the control of the Company.
It is hereby informed that it is illegal to terminate / originate international voice calls on PSTN Network.
It is hereby informed that conferencing international voice Calls on PSTN Network is illegal.
It is hereby informed that VPN services are not being promoted / provided by Excell Media, it will be illegal to use such service on Excell Media Broadband services.