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   TERMS AND CONDITIONS

The Customer/Applicant (hereinafter referred to as the "CLIENT") offers to subscribe to the Internet Connectivity & VAS services provided by "CONJOINIX TECHNOLOGIES PVT. LTD." (hereinafter referred to as Conjoinix) having its corporate office at Industrial Avenue, GT Road, Damtal - 176403 on the following terms & conditions.
Responsibility of Conjoinix
1) Conjoinix is responsible for provisioning the services i.e. ensuring the correct working of the link on one computer inside the client's premises.
2) Provisioning: The customer shall provide Conjoinix with a complete network diagram of the set-up along with the details of connectivity at his/Its premises. After which a technical feasibility study for the network and Premises inspection would be undertaken by Conjoinix. Based on this the services would be provisioned to the Client. A time period for such provisioning of services would be committed to the client after the Customer Agreement Form is duly signed by him/them. In case of extreme circumstances where such provisioning is delayed beyond the committed time period, a written communication would be sent to the Client informing him/them of the relevant reasons.
3) The client has to inform and obtain Conjoinix's prior written approval of any change in the Customer Premise Equipment (CPE) undertaken by them and further specify the Mac ld of the old equipment as well as the new equipment to Conjoinix. Any change in equipment or provisioning of the network set-up without the written approval of Conjoinix shall be deemed to be unauthorized and violative of these terms and conditions, which shall entail immediate deactivation of connectivity at the sole option of Conjoinix.
4) Conjoinix shall carry out periodical inspection at the Client's premises to check the CPE, network set-up and to check possible misuse and possible interconnection ofthe Internet leased lines to PSTN/ISDN/PLMN in compliance with the directions and mandate issued by Department of Telecommunications, Ministry of Communications and IT, Govt. of India (DOT).
5) Conjoinix shall use all its efforts to provide continuous Services to Client, and shall take up necessary initiative to restore the service in case of any unforeseeable fault within Conjoinix's domains. Conjoinix shall not be responsible for any fault or service outage caused by a third party (government agency etc.).
General Terms

1 ) The Client is fully aware of the coverage area of Conjoinix where they can avail the services and it is fully understood by them that Conjoinix depending upon the business potential may increase or decrease the service area.
2) Conjoinix reserves the right to disconnect the connectivity provided to the Client incase it discovers that documents furnished are incorrect or incomplete or fabricated. In such an eventuality the Client shall be liable to pay all outstanding till that date including administrative costs incurred by Conjoinix.
3) Conjoinix shall not be responsible for internal cabling at the customer's end.
4) Schemes introduced by Conjoinix may be withdrawn or extended by Conjoinix at its discretion and that the client shall not stake any claim in such an eventuality. Any schemes introduced by Conjoinix from time to time would have a specific validity period within which the conditions of the scheme would be valid.
5) Value Added Services, which may be offered by Conjoinix, may be subject to payment of additional service charge as applicable from time to time.
6) IP Addresses: The allocation of IP address, if any, will be subject to the following terms & conditions:
a)IP address allocation will be as per policy ofAPN1C (Asia Pacific Network Information Carter, Australia).
b)Clients understand and undertake that:
i) IP addresses allocated via Conjoinix/through Conjoinix are non-portable.
ii) IP addresses allocated to them are an exclusive property of Conjoinix.
iii) They cannot in turn allocate IP addresses to other Clients.
iv) IP addresses to be allocated by Conjoinix are subject to availability of IP addresses with Conjoinix.
v) They shall return the IP addresses allocated by Conjoinix immediately on expiry or early termination of contract with Conjoinix.
7) CPE : Conjoinix would provide the client with the technical specification of CPE compatible on Conjoinix's network. Client can purchase/install any of the compatible CPE as approved and verified in writing by Conjoinix. Conjoinix would not be responsible for any CPE related problem or any service outage resulting from malfunctioning of the CPE. Servicing, repair, maintenance and warranty issues ofthe CPE will not be the responsibility of Conjoinix under any circumstances unless otherwise specifically agreed by Conjoinix. In case the CPE is provided by Conjoinix, client agrees to pay the security deposit and CPE lease rental, if any, to Conjoinix from time to time. In such cases, the CPE shall remain the property of Conjoinix and will need to be returned in good & working condition at the expiry ot termination of the contract. In case the CPE provided by Conjoinix is damaged, burnt, stolen or tampered, client agrees to pay for the cost of the same, which may be adjusted from the Security deposit or be paid-up in addition to the security deposit, in case the cost of the equipment exceeds the security amount deposited.
8) Conjoinix Strongly recommends the use of UPS for proper and seamless functioning of the Conjoinix services.
9) The service package may be inclusive of free email ids or other value added services (VAS) at the time of activation. In case these email ids or VAS are not configured at the time of activation than additional/ charges would be applicable when such configuration is requested at a later date.
10) All services require the availability of an Ethernet card and client has to arrange for the same. Conjoinix prices are excluding the Ethernet card and Conjoinix is not responsible for the installation/functioning of Ethernet-card.
11) All Unlimited service plans are subject to terms of Fair Usage Policy of Conjoinix, which is separately available at Conjoinix's website.
12) Speeds indicated in plans are only speed upto our ISP Nodes and are given on best effort basis as per TRAI guidelines on Quality of
Services
13) Service Plans are subject to change without prior notice.

Payment Terms
1 ) Payment schedule:
a) 100% advance along with the Purchase Order for installation & testing, activation & commissioning, local loop.
b) One period advance on access charges on the basis of the bill plan opted by the client.
c) Access charges payable on the monthly, quarterly, half-yearly and yearly basis thereon.
2) Taxes, Duties and Levies: Any changes in taxes and duties shall be charged as applicable. The access charges are exclusive of any taxes and duties.
3) Mode of payment: Cheque/Demand Draft/ Pay Order/ Credit Card payable to "Conjoinix Technologies Pvt. Ltd." payable at Chandigarh. Credit Card payments are not accepted.
4) The client will be liable for all access charges and other charges payable, notwithstanding the loss of, or inability to use the hardware equipment.
5) The service package is inclusive of free email ids or other VAS at the time of activation. Incase these email ids or VAS are not configured at the time of activation than additional charges would be imposed when such configurations take place at a later date.
6) Conjoinix has the right to vary the traffic structure at its discretion.
7) Non receipt of Bill: The Client should inform Conjoinix incase of service bill by the 1Oth day of the month.
8) Late Payment/Non Payment: The billing cycle shall run on a Monthly/ Quarterly 1 Half-Yearly 1 Yearly basis according to the bill-plan opted by the Client. If the payment is not made by the due date mentioned on the bill, Conjoinix shall immediately disconnect the service until the dues are paid-up and shall charge an additional interest on amount outstanding @ 24% p.a. for the amount outstanding from the due date. In case the bill remains unpaid or Client doesnt renew service for a period of 30 days, Conjoinix reserves the right to permanently terminate the Connection provided to the Customer. Once terminated, the customer agrees to surrender the CPE, if any provided by Conjoinix at Client's premises failing which the company shall initiate appropriate legal proceedings against the customer for the recovery of the said CPE.
9) Returned Payment Instrument: Conjoinix shall levy a charge of Rs. 200 for any cheque returned unpaid bythe Client bank and may also disconnect the services without prior notice.
Billing Terms

1 ) Bill Generation 1 Bill Cycle: Bills are generated on the predefined dates, fixed foreach bill cycle (i.e first day ofthe next bill cycle) The billing cycle shall run on the basis ofthe bill plan opted by the client.
2) The payments would be acknowledged in the subsequent bill or alternatively a receipt would be issued.
3) All accounts would be regularised to the respective billing dates on a pro-rata basis.

Sales or Transfer
The Internet connection and the service received there from shall be non-transferable in nature between persons and also between locations.
Responsibility of Client
1 ) The client must not use the service for any illegal purpose or in violation of law and/or in contravention of any Rules and Regulations governing such use as may be prescribed by the government from time to time and not allow others to use their equipment in the aforementioned manner. The Client is Providing interconnection for provisioning of Internet services to others through it connectivity unless the client holds a valid ISD Licence is a turmine authorised by Conjoinix in writing.
2) The client will use equipment provided/permited by Conjoinix and approved for the netwiork in writing and comply with all relevant laws and regulations for the time being in force.
3) The client will immediately inform Conjoinix of any damages/loss/theft of any equipment in the name of Conjoinix, if any, extend to the client premise and will be liable for all changes payable towards the repair/recover/replace of the same.
4) The client shall allow Conjoinix authorized personnel from unhindered free access at all times to Client's premises, network and/or CPE for inspection purposes and shall renderall assistance in this regard.
5) The client shall be liable to bear all taxes, levies, duties, bank charges and other similar charges (and any related/consequent interest and penalties) however designed, imposes as a result of provision of the services by Conjoinix whether presently applicable or made applicable retrospectively by the Government or which may be imposed in future by Govt. or any other statutory or regulatory body ofthe region to Conjoinix.
Minimum Contract Period/Service term
The minimum contract period for which the customer has to subscribe to the services of Conjoinix is one year. In case the customer terminates his connection prior to completion of the stipulated period then, in addition to all accrued charges uptill the actual termination date, the client also has to pay Conjoinix a penalty charge equal to 25% of the total service charge payable for the remaining term, or 3 Month's service charge whichever is lower. After the Completional minimum service term the client must inform Conjoinix at least a month in advance incase ofsuch termination.
Suspension or termination of service
1) Conjoinix reserves the right to terminate this Agreement by giving 30 days notice in writing at any time.
2) Conjoinix reserves the right to suspend any of the Services or terminate the Agreement at any time without notice and further obligations to Client and without limiting any other remedies available to Conjoinix if any the following events should occur:
i) Payment of an account is overdue; or
i) Client becomes the subject ofbankruptcy, insolvency, winding up, receivership proceedings; or
Iii) Client is in material breach of any of these terms or conditions
iv) Client is found to be indulging in internet abuse, or any other activity considered undesirable by Conjoinix, using the network resources of Conjoinix.
v) Client is found tampering with any equipment of Conjoinix, any change in CPE or provisioning and/or change of the network set-up without the written approval of Conjoinix.
vi) Client is found violating any act in force by illegal usage of Conjoinix network/ equipment.
3) Reactivation incase of nonpayment of dues, reactivation will be done only after the outstanding due are received.
Use of Voice Applications
Voice applications would be allowed as perdirective ofthe Govt. of India/TRAI. The clientalone shall be liable for legal action bythe appropriate regulatory authoritiesin case ofany violation related to the same.
Prohibition of Connect through PSTN/ISDN/PLMN/PDN
Client shall not use the Conjoinix connectivity to link with PSTN/ISDN/PLMN/PDN or ay Public Data Network under any circumstances. In case it is found that the customer has used the Conjoinix Services/Conjoinix connectivity to link with PSTN/ISDN/PLMN/PDN or any Public Data Network, Conjoinix shall disconnect the Conjoinix Service with immediate effect. The Client alone will be liable for legal action by the Conjoinix appropriate regulatory authorities or law enforcement agencies, incase of any violation related to the same.
Notices
All notices required or given by the Client in association with these terms and conditions should be given in writing, sent by hand or by registered mail, with return receipt requested.
Governing Law and Arbitration
These terms & conditions shall be governed by and interpreted in accordance with the laws of India. In the event of any dispute relating to the interpretation or performance of this Agreement arising between the parties, the will first do their utmost to settle their dispute amicably. If any such dispute cannot be settle amicably, it shall be referred to the CEO/Management of Conjoinix who shall try to settle it fairly and expeditiously. In case no settlement is reached on the dispute referred to Management/CEO of Conjoinix, such dispute shall be subject to adjudication in the competent courts at Chandigarh, who shall have exclusive jurisdiction.
Miscellaneous

1) The terms of this agreement are subject to the clauses of Force Majeure.
2) This agreement is the complete and exclusive statement of understanding between Conjoinix and the Client for the purpose of services rendered by Conjoinix herein. Further a Service level Agreement maybe executed separately, if required by law or due to business exigencies
3) The Client will be bound by any variations made in these terms & conditions, which will be notified to the clients either by means of post and/of electronically on Conjoinix's website.
4) All communication and inquiries are to be addressed to the Corporate office of Conjoinix.

Release Date : 21/10/2009
   
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