TERMS AND CONDITIONS
1. “Subscribers)” means any person as defined under General Clauses Act, 1899 who has subscribed to the Services by signing this Subscriber Requisition Form , limited by downloads and amount, it includes a person who is acting on or for behalf of the Subscriber
2. “Customer Subscription Form” shall mean a form duly filled by the Customer, inter alia, providing details of the Customer, the Installation Address, and the Subscribed Services.
3. “Gigmax Communications” or “GIGMAX” means a company incorporated under the provisions of Companies Act of 1956, having its registered office at E-131B, SGM Nagar Faridabad 121001
4. “Services” shall mean the broadband/high speed internet access and services offered by GIGMAX.
5. “Subscription Charges” shall mean the rates, fees, charges, etc. applicable for the Subscribed Services (including without limitation activation or installation fees, usage charges, deposits, advances & service charges; and applicable taxes, levies, etc.). as specified in the Services Requisition Form and any other amount required to be paid by the Subscriber(s) to GIGMAX.
6. “Services Requisition Form” or “SRF” shall mean and include (i) this SRF bearing a unique combination of alphabetical/numerical numbers, that provides the Services, in different packages, currently being offered by GIGMAX in the Territory, (ii) the Terms and Conditions; (iii) AUP; (iv) GTCs; and (v) PTCs and their corresponding service charges.
7. “Subscribed Services” shall mean the package amongst the Services subscribed by the Subscriber.
8. “Territory” shall mean specified territory where the Subscribed Services are offered by GIGMAX.
9. “Customer Premises Equipment or CPE” shall mean any electronics (Modem / WiFi Routers) provided by GIGMAX to the Subscriber for accessing the Subscribed Services.
2. Scope
1. Upon receipt of complete and duly signed Subscriber Registration Form (including supporting documents to the satisfaction of GIGMAX) and the realized Subscription Charges, the authorized representative shall make reasonable efforts to undertake the Installation, Activation and Commissioning at the Installation Address within three (3) working days, subject to availability of the Subscriber. The Subscriber understands that GIGMAX shall not be responsible for any direct or consequential loss incurred or suffered by the Subscriber due to delay in the Installation/Activation/Commissioning at the installation address.
2. GIGMAX reserves the right to reject any SRF in case the particulars provided therein are incomplete, incorrect or for any other legally just and valid reason, without any liability whatsoever. In such eventuality, if the Subscriber installation has taken place, the Subscriber shall forthwith return the CPE in good working condition to GIGMAX; if the Subscriber fails to return the CPE to GIGMAX, then GIGMAX shall have the right to adjust the cost of the CPE, as per the prevailing market rates of such CPE, from any charges, payable to the Subscriber. In the event, such cost is not recoverable from the Subscriber or any other charges then GIGMAX shall have the right to pursue appropriate legal action at the cost and expense of the Subscriber, against the Subscriber.
3. For prepaid/postpaid Subscribed Services, if any, GIGMAX shall provide the Subscribed Services to the Subscriber till the validity of the Subscribed Services, i.e. for the value or term, as specified in the Services Requisition Form, whichever expires earlier. Upon such expiry/termination, the Subscriber shall cease to use the Services immediately; however, the Subscriber shall be liable to pay the Subscription Charges besides any other outstanding dues payable to GIGMAX till the date of disconnection.
4. GIGMAX reserves the right, without any prior intimation to the Subscriber and without any liability, (i) to replace or withdraw the Subscribed Services, (ii) change the duration of availability of the Subscribed Services, and (iii) modify the charges for the Subscribed Services.
5. By signing this SRF, the Subscriber explicitly agrees and gives consent to GIGMAX to receive SMS communication irrespective of Subscriber’s mobile number registration under NDNC registry. The Subscriber understands that the Subscriber, directly or indirectly, shall not initiate any legal action or claim any monetary expenses against GIGMAX or its SMS service provider/partners/authorized agents for such communications/SMS under applicable laws.
6. CPE provided by GIGMAX for Subscribed Services will be property of GIGMAX and the Subscriber needs to return the CPE in good order & working condition, failing which GIGMAX will charge the Subscriber, a minimum sum of Rs.1,5007- (Rupees One Thousand and Five Hundred only) per CPE not returned or returned in non working condition.
7. The Subscriber shall use the Subscribed Services in accordance with GIGMAX’s AUP. AUP means the current version of GIGMAX’s Acceptable Use Policy provided on its website (as may be modified/changed by GIGMAX from time to time).
3. Payment of Charges
1. Subscriber acknowledges and agrees that it shall pay to GIGMAX, the Subscription Charges and other charges as and when they fall due; and also agrees to pay all applicable statutory taxes related to the use of the Subscribed Services.
2. GIGMAX shall not be liable to refund any amount to the Subscriber when the Service is down or interrupted or suspended.
3. Payment shall be due on the due date mentioned on invoice/bill. All charges must be paid in full without any deduction, set-off or withholding. If the Subscriber fails to pay any of the charges by due date, GIGMAX will be entitled to charge a minimum late fee for a sum of Rs.100, per month, on the outstanding invoiced amount or a sum equivalent to 2 % (two percent) on the cumulative outstanding amount, whichever is higher, until such cumulative outstanding amount is paid in full by the Subscriber.
4. Use of the Subscribed Services
1. The Subscriber shall at all times be responsible for the use of Subscribed Services, which shall, without any limitation, include any objectionable or obscene messages or communications or material which are generated/sent by the Subscriber, which are in violation of Governing Laws provided hereunder and/or and any other applicable laws. The Subscriber further acknowledges that the internet contains unedited material, some of which may be obscene, sexually explicit or pornographic in nature, which are in derogation of the Indian laws, over which GIGMAX has no control whatsoever. GIGMAX accepts no responsibility whatsoever for access of such material by the Subscriber, which shall be at the sole risk, cost and liability of the Subscriber and the Subscriber shall always indemnify GIGMAX in this regard.
2. GIGMAX reserves the right to disconnect or deactivate the Subscribed Services at any time without prior notice including in situations where the equipment/Home Modem etc. or software is interfering with GIGMAX’s other services. In case of any information found in application form given by the Subscriber, at any time, GIGMAX reserves the right to partially or fully withdraw/suspend/terminate the Subscribed Services without any notice in that regard.
3. The Subscriber is required to fully comply with the provisions of all applicable Indian Laws as amended from time to time
5. Termination
1. GIGMAX shall have the right to terminate the Services including the SRF, at all times, without any claim(s) against GIGMAX and without any cause and prejudice to GIGMAX’s right, as specified there under, by serving a notice to the Subscriber as GIGMAX deems fit and necessary. However, those clauses which are intending to survive the expiry or termination, shall survive such expiry and termination.
6. GIGMAX Vigilance
1. Notwithstanding anything contained in the Subscriber Requisition Form , for detection of unlawful activities with respect to the provision of the Subscribed Service, the Subscriber shall permit GIGMAX to enter the Installation Address, at all reasonable hours, to undertake required inspection.
7. Representation, Warranties and Undertakings The Subscriber represents warrants and undertakes to GIGMAX that:
1. The Subscriber is competent under law to execute the Subscriber Requisition Form .
2. The Subscribed Services shall be used solely for self-use in the Installation Address. The Subscriber shall not use the Subscribed Services for any commercial benefit, including but not limited to relaying, re-transmitting or redistributing the Subscribed Services to any third party.
3. The Subscriber shall promptly intimate, in writing, to GIGMAX of any change in the details/information provided in the Subscriber Requisition Form.
4. The Subscriber shall at all times comply with any and all applicable laws.
8. Limitation of Liability
1. GIGMAX shall not be liable to the Subscriber for any suspension or deactivation or termination of the Subscribed Services in accordance with the provisions of the Subscriber Requisition Form .
2. GIGMAX shall not be liable to the Subscriber for any damage to property or person that may take place during or in connection with the Installation.
3. GIGMAX shall not be liable to the Subscriber for any acts or omissions on the Subscriber’s part.
4. GIGMAX is not responsible for
(i) any consequential or indirect damage or loss in relation to the Subscribed Service,
(ii) if the Subscribed Services are temporarily suspended due to technical failure, modification, repair or testing, and
(iii) any change in GIGMAX’s networks results in inability to provide the Subscribed Services to the Subscriber.
5. GIGMAX takes no responsibility whatsoever for the content on the World Wide Web, or access of any content whatsoever by the Subscriber or any other person using the Subscribed Service.
6. GIGMAX shall not be liable for any failure or breakdown in the Subscribed Services or any loss or damage caused to the Subscriber due to Force Majeure conditions.
9. Miscellaneous
1. Indemnification: The Subscriber shall hold GIGMAX, its affiliates, contractors, distributors and the respective officers, employees and agents completely harmless and indemnified from and against any loss, claim, damage, liability or expense (including reasonable attorneys fees and other dispute resolution costs) to which GIGMAX/the Subscriber may become subject to under any applicable laws including without limitation all applicable anti-corruption laws, or under any claim made by any third party, or otherwise, to the extent they relate to or arise out of the provision of the Subscribed Services under the Subscriber Activation Contract.
2. Assignment: The Subscriber shall not assign any rights or obligations under the Subscriber Requistion Form to any other party without the prior written consent of GIGMAX. However, GIGMAX may assign the rights or obligations under the Subscriber Requisition Form to any of its affiliates.
3. Notice: All notices given hereunder shall be given in writing, by personal delivery, or Registered Post A.D., at the address of GIGMAX and the Subscriber set forth in the Subscriber Requisition Form. Notice given by Registered Post AD shall be deemed delivered on the third day from the date on which such Registered Post A.D. was sent.
4. Waiver: No failure to exercise and no delay in exercising any right, power or remedy under the Subscriber Requisition Form by GIGMAX shall operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
5. Saving Clause: If any provision of this Subscriber Requisition Form, becomes invalid or unenforceable, in whole or in part, the validity of the remainder of the Subscriber Requisition Form shall not be affected. GIGMAX and the Subscriber shall agree to a valid substitute provision, which corresponds in its economic effect as closely as legally possible to the invalid or unenforceable provision which it replaces.
6. Governing Laws and Jurisdiction: The terms and conditions of this Subscriber Requisition Form shall be governed by and construed in accordance with the laws of India. The courts at Delhi, India shall have exclusive jurisdiction to entertain any disputes arising out of relating to the Subscriber Requisition Form to the exclusion of all other courts.
7. Dispute Resolution: Any dispute between GIGMAX and the Subscriber arising out of or in relation to the Subscriber Requisition Form shall be referred to arbitration by a sole arbitrator to be appointed by GIGMAX. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The venue of the arbitration shall be New Delhi and the language shall be English.
8. Entire Agreement and Amendments: The Subscriber Activation Contract constitutes the entire understanding between GIGMAX and the Subscriber. It supersedes all prior understandings between GIGMAX and the Subscriber with respect to the subject matter hereof. GIGMAX reserves the right to modify, change.
Additional Terms & Conditions for OTT Subscription
1. The OTT subscription period would be the same as the bundled Gigmax broadband plan validity period and the expiry date of OTT subscription plans may be different for various OTT subscriptions offered.
2. Gigmax will not be responsible for any content or streaming-related issue on any of the OTT platforms offered as part of the subscription plan. No refund will be considered if the customer is not satisfied with the OTT.
3. Gigmax reserves the right to cancel, modify, withdraw, or discontinue the free OTT subscription offer at any time during its validity as may be required given business exigencies and/or changes by TRAI, Department of Telecom (DOT), and/or such other applicable statutory changes without any notice & customer is advised to check this Website regularly for any update(s) or amendment(s) made to these Terms and Conditions.
4. Gigmax will not be responsible for OTT content access and content availability. Gigmax will not be liable in case the OTT content access is not configured or cannot be availed due to malfunction, delay, network congestion, or hardware failure. For any issues related to claims, damages, or losses concerning the quality or functionality of the OTT subscription platform and/or content access, the customer is requested to contact the respective OTT’s customer care.
5. An unutilized free OTT subscription will be forfeited at the end of the Gigmax Fiber plan validity expiry.
6. OTT subscriptions will only be activated on new subscriptions and at the time of renewals by existing Gigmax subscribers on specific plans.
7. OTT subscriptions will be activated once per user on the user’s mobile number registered with Gigmax.
8. The OTT subscription offer is valid for Gigmax Fiber multi-months plans only.
9. The OTT subscription offer is non-transferable. No exchange or redemption for an equivalent cash amount or in any other form shall be allowed.
10. Gigmax will not be held liable for any claims arising out of or in connection with the use of the content or for any loss or damage of whatsoever nature caused to the Gigmax subscriber or any third party in connection with the subsistence of the OTT content.
11. The plan with OTT benefits may be restricted to particular cities and may be modified or withdrawn at any point in time with no further notice from Gigmax.
12. Links to third party sites and OTT platforms are provided as a convenience to user(s) and The Company has not have any control over such sites & OTT platforms i.e content and resources provided by them. The Company may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word logo, link, banners, channels or otherwise) to such Third Party’s web site or OTT Platforms. You are cautioned to read such sites’ & OTT Platforms terms and conditions and/or privacy policies before using such sites’ & OTT Platforms in order to be aware of the terms and conditions of your use of such sites & OTT Platforms. The Company believes that user(s) acknowledge that The Company has no control over such third party’s site & sites’ & OTT Platforms, does not monitor such sites’ & OTT Platforms, and The Company shall not be responsible or liable to anyone for such third-party sites’ & OTT Platforms, or any content, products or Services made available on such a sites’ & OTT Platforms.
13. You agree and understand that the logo and Services of the OTT Platform, including any Content therein, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright & trademark, and that You will not violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right, or otherwise engage in the unauthorized use of any proprietary content, information or materials;
14. All related icons and logos of the relevant OTT Platform are registered trademarks or trademarks or service marks of the relevant third party owning such OTT Platforms in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. Gigmax only displays the said logos, names in a restricted manner to promote the OTT Platform and in no way infringes the IPR of the same. The unauthorized copying, modification, use or publication of these marks is strictly prohibited. Gigmax reserves its right to remove the said logo or name of the OTT Platform from its website.
