(Refund, Cancellation & Return Policy)
The terms & conditions mentioned herein shall form Customer Enrollment Form (CEF) overleaf signed by Customer and shall on him/her.
“SymBios Creations Private Limited” or “SymBios” means a company incorporated under the provisions of Companies Act, 1956, having its registered office at 001 IT Complex, Nagarjan Point, Dimapur, Nagaland.
“CEF” or “Customer Enrollment Form” or “Form” means this form that has to be filled and executed by any person for becoming a Customer of SymBios and it includes these terms & conditions.
‘Customer’ shall mean a person (including any entity or association of persons) who has subscribed to the Service after completing the required formalities i.e. making necessary payment etc. and gets activated on SymBios’ Network. Mere execution of the CEF shall neither constitute a person to be a customer/subscriber or consumer of SymBios.
‘Customer Equipment’ shall mean equipment not provided by SymBios;
‘Customer Premises Equipment’ or ‘CPE’ shall mean and include the modem/router, connector cable, all hardware and any other equipment/accessories included with it and supplied (but not sold) by SymBios.
‘DoT’ refers to Department of Telecommunication
‘Enrollment period’ shall mean the period commencing upon activation of the Service shall run in concurrence with the License Agreement issued by the DoT under which SymBios is authorized to provide telecom within the Network unless otherwise terminated and shall be subjected to all applicable laws, rules, regulations, notifications, orders, directions of all the Government/courts/Tribunal/TRAI/Indian Telegraph Act 1885 and rules framed there and under shall further be subjected to terms and conditions of this form.
‘Installation Address’ means the address delineated in the CEF by the Customer for installation for Equipment for receiving service.
‘IP Addresses’ mean operation if Internet servicewhich requires IP addresses (static or dynamic) for each permanent connection on internet.
Network shall mean SymBios’ telecommunication network in the concerned telecom circle through which Services are or will be made available to the Customer.
‘Other Service Provider’(OSP) means a company providing Application Services like tele-banking, tele-medecine, tele-education,tele-trading, e-commerce, call centre, network operation centre etc. by using telecom resources provided by Telecom Service Providers.
‘Services’ shall mean all telecom and allied services provided by SymBios to its Customers which inter-alia shall include internet, fixed line telephone, IPTV (Internet Protocol Television) and value added services(VAS)and/or any supplementary/additional services made available to the Customer.
‘Tariff’ shall mean all the rates, fees, charges, levies etc, and related conditions at which telecommunication service may be provided including but not limited to activation or installation fees, usages charges, deposits, advance, service charges including service tax and any other statutory outgoings under the tariff schedule as notified by SymBios for providing services and the tariff shall have the same meaning as contained in Tariff Telecommunication Order issued by the TRAI.
“TRAI” refers to Telecom Regulatory Authority of India.
1.1 SymBios reserves the right to seek and/or verify the particulars including financial information provided by the Customer either by itself or from independent sources.
1.2 To reject any CEF incase the particulars provides therein are incomplete, incorrect or for any other legally just and valid reasons and without any liability whatsoever. The information provided by the customer/gathered by the SymBios shall become SymBios property even if the application is rejected and SymBios is not liable to return the same.
2. DISCLAIMERS AND LIABILITY LIMITATION.
2.1 SymBios makes no express or implied warranties, guarantees, representations or undertaking whatsoever regarding the service/equipment etc unless expressly mentioned in this form.
2.2 SymBios shall not be liable to the Customer and /or any person, firm body corporate claiming through under or in trust for the customer and the customer hereby waives and agrees to continue to waive all claims/actions of any delay, losses including but not limited to loss to business, profit, revenue of goodwill demands, fees, costs, expenses, order judgment etc, direct incidental or consequential arising out of any delay, errors, of defects or other failure with respect to the Service and all additional/supplemental Services, equipment or billing, payment or collection to the extent such interruption, delay error of defects is due to reason mentioned in clause 4.5 hereof. Further the Customer remains solely responsible for his own negligence, acts or omission.
2.3 SymBios shall not be responsible for any acts of franchises or any other third party with respect to schemes which are not authorized by SymBios or which are purported to have been offered on behalf of SymBios without the explicit and specific sanction in written of SymBios.
2.4 It is clearly understood that installation/shifting of broadbandrequire several vital and time consuming activities, inter-alia, feasibility check of the area, laying down of cables, proper wiring of the area/premises, allocation of tag in the switch, configuration of the STB, other technical requirements etc and therefore SymBios does not guarantee the provision of service or prescribe any fixed timeline after the execution of the CEF, during which the Services shall be activated. SymBios shall endeavor to activate the Service within reasonable time and it is expressly agreed that the person executing the CEF shall not be entitled to raise any claim or action or damage of whatsoever nature on account of non-activation or delayed activation of services due to technical, non-feasibility and the Customer shall only be entitled to refund of initial amount paid by the Customer.
2.5 The DSL/Broadband speed available to the Customer is the maximum prescribed speed for which the Customer is entitle and SymBios does not hold out any assurance that the said speed shall be maintained at all time and the same may vary depending upon the network congestion, technical reason or any other unavoidable circumstances.
2.6 SymBios will not incur any liability for any of its bonafide action taken to protect intellectual property right (IPR) even if the information on the strength of which it has taken any action is later discovered to be unfounded or false.
3. CUSTOMER UNDERTAKINGS
The Customers undertakes and agrees
3.1 That documents/details submitted by Customers along with CEF are subject to clearance/acceptance by SymBios. In case of non-acceptance /rejections of documents, the refund wherever applicable would be made as per TRAI Regulations from time to time.
3.2 To pay to SymBios the Tariff charges as published and notified by SymBios form time to time. With a view to give all Customer Optimum Service, the Tariff plans offered by SymBios shall be subject to Fair Usage Policy as formulated by SymBios from time to time.
3.3 That he is fully conversant with the Service and/or additional and supplementary Services provided by the SymBios together with its charges, specification, requirements, limitations etc and has signed this Form upon such understandings.
3.4 The Rules and Regulation of Indian Telegraph Act 1885 (including amendments thereto and ruled framed there under from time to time) shall be applicable to each and every Customer and in case of any repugnancy the said Rules/Regulation shall have over riding effect over such terms of this Form.
3.5 To comply with all applicable laws, by-laws, rules, regulations, orders, notifications, directions etc, of the Government/Courts/Tribunal/TRAI/DoT/ Ministry of Information and Broadcasting (MIB) and shall also comply with all directions issued by SymBios related to Network, service or equipment or any other connected matter and shall provide to SymBios all information and co-operation as may be required by SymBios from time to time.
4. PROVIDING THE SERVICE
4.1 The Service shall be provided within reasonable time of receipt and acceptance by SymBios of a CEF and subject to technical feasibility.
4.2 SymBios shall allocate broadband ID /Accounts ID at its sole and absolute discretion and connect Customer equipment or CPE as the case may be, to the Network and will use all endeavors to maintain connections and provide service/s throughout the Enrollment Period. The said number/ID shall remain in the exclusive domain and SymBios and the Customer is entitled to use the same only during the Enrollment Period. Upon termination of Enrollment Period SymBios shall have the right to allocate the said number/ID to any other Customer in its sole discretion and can also after/change the same for any reason whatsoever, including but not limited to any directive of government/quasi, government authority, Dot, MIB, TRAI, technical reason etc.
4.3 All discounts/special benefits/ scheme(s) pertaining to the service shall be as per the terms and conditions specified by SymBios from time to time.
4.4 SymBios has the right to predetermine or prefix the credit limit for the usage of Service availed by the Customer based on its internal credit rating. In the event of exceeding of the credit limit the Customer shall be liable to make interim payment forthwith for the Service availed including rentals failing which SymBios reserves the right to totally or partially disconnects/suspend the Service. Failure to disconnect the Service in the events of exceeding the credit limit shall not constitute as a waiver, either of the exceeded amount or the right to subsequently recover the amount from the Customer or any other right of SymBios against the Customer.
4.5 Quality, functionality and/or availability of the Services may be effected and SymBios without any liability, whatsoever is entitled to refuse, limit, suspend, vary or disconnect the Services, at any time for reasonable cause including, but not limited to the following:-
4.5.1 Any violation of applicable rules, regulation, orders, directions, notifications, conditions of License Agreement etc, issued by the Government/Telecom Regulatory Authority of India (“TRAI”) etc.
4.5.2 Any discrepancy in the particular(s) provided by the Customer.
4.5.3 If the Customer is in default (including past default) in making payment for the Services or for any other telecom service provided by SymBios.
4.5.4 During technical failure, modification, up-gradation, variation, relocation, repair and /or maintenance of the system/equipments.
4.5.5 To combat potential fraud, sabotage, willful destruction, and national security or for any other force majeure reasons etc.
4.5.6 Transmission limitation caused by topographical, geographical, atmospheric, hydrological and/or mechanical or electronic constraints/limitation and/or due to non-availability of suitable technical sites to install/upgrade the network.
4.5.7 Due to acts to God or circumstances beyond the control of SymBios including insurrection or civil disorder, or military operation, national local emergency, industrial disputes of any kind (whether or not involving SymBios employees), fire, lightning, explosion, flood, inclement weather conditions, acts of person or commission of person or bodies for whom SymBios is not responsible or any act, Regulation or policy of the Government of India or State Government or any other statutory Authority.
4.5.8 If service are used in violation of any law rule/regulation; or for a purpose other than declare by the Customer at the time of subscription.
4.5.9 Interconnection failure between SymBios and other Service provider(s).
4.5.10 Non receipt or non-supply of input/feed from/by channel broadcasters to SymBios.
4.5.11 Any bonafide action taken by SymBios to protects its Intellectual Property Right (IPR) or such right of the content providers or any other person whose interest it’s bound to protect by virtue of contractual obligation or by law.
4.5.12 Any other reason which is found to be reasonable by SymBios warranting limitation/suspension/disconnection of Services.
4.6 NETWORK UPTIME
4.6.1 SymBios will try to maintain an uptime of 90% in a month. No discount on rental will be given for uptime falling below 90%. The same will be compensated by giving service credit at the time of permanent disconnection.
4.6.2 90% Uptime in a month = (24 hours * 365 Days * 90%) / 12 Months = 657 Hours of Total 730 Hours.
4.6.3 Downtime will be calculated from the time of registering a complaint by the subscriber with SymBios HELPDESK. A reference number will be provided by HELPDESK for each registered complaint.
4.6.4 Downtime due to failure of network/PC at subscriber end will not be calculated as downtime.
5. SERVICES & DISCOUNTS
5.1 SymBios is entitled to add/alter/withdraw any additional or supplementary services including the charges for the same at any time, in its sole discretion within the realm of TRAI guideline. Provider of additional/supplementary services shall be on such other/additional terms as specified by SymBios from time to time and such additional terms/conditions shall be deemed to be part and parcel of this Form.
5.2 All discounts or other special benefits schemes pertaining to the Services and/or additional/supplementary Service announced by the SymBios from time to time shall have a time limit as decided by SymBios. SymBios shall further have the right to withdraw/vary/extend any/all such discount and/or benefit at any time and without incurring any Liability whatsoever in this regards whether directly or indirectly or consequentially and the Customer shall not have any claim or right in such eventually.
6. Different plans/schemes/top ups, Add-ons, packages of TV channel offered by SymBios shall have correspondingly different composition, prize/charges/fees and terms & conditions all of which are subjected to change by SymBios from time to time but within the overall guidelines of TRAI Tariff Plan / Package.
7. BILLING PAYMENT AND SECURITY DEPOSIT
7.1 SymBios shall bill the Customer as per the billing cycle which shall run on a frequency as may be decided by SymBios from time to time. SymBios reserves the right to change the billing cycle as and when deemed necessary. Taxes shall be as per applicable law.
7.2 Bills will be sent to the billing address of Customer as mentioned in CEF. SymBios shall not be responsible for non-receipt of bill(s) and in such events it shall be incumbent on the Customer to enquire about the dues and settle the same.
7.3 All payments are to be made by the prescribed due date. All non-cash payments are subject to realization. Payment beyond due date shall entitle late fees as prescribe by SymBios from time to time and taxes thereon. The same shall be payable from the due date till actual realization of payment. Any delayed payments by the Customer entitled SymBios to withdraw any applicable discounts or/benefits. This however is without prejudice to the right of SymBios to suspend or disconnect and the service partially or fully due to non-payment. For restoring the Services the Customer shall have to apply for reactivation of the connection after making the due payment and the applicable restoration charges. Outstation cheques shall not be accepted. However if at the sole discretion of SymBios, out station cheques are accepted, the same shall be subject to a charge as decided by SymBios.
7.4 Customers shall own the liability for the cheques submitted against the subscription. Any such cheques getting dishonored may invite suspension of telecom services availed.
8. CUSTOMER OBLIGATION
8.1 Customer shall not use the Service for any unlawful, immoral or abusive purposes in violation or derogation in any law/rule or regulation or statutory directives or order for the time being in force or against any public policy or for sending/receiving absence, threatening, harassing messages/communications or sending messages or communication that effects national interest or create any damage or risk to SymBios or its Network/equipment/call center and/or other Customer(s). Any violation or misuse by Customer shall under no circumstances be attributed to SymBios and the Customer shall be solely responsible for all such acts or omissions.
8.2 Customer shall intimate SymBios about change inaddress, if any, in written along with such proof, as may be deemed necessary by SymBios.
8.3 Customer shall not use the Service as an OSP (Other Service Provider) or for the purpose of telemarketing directly or indirectly, withoutsubmitting to SymBios the required approvals/registration from relevant authorities.
8.4 Customer shall be responsible to obtain its own IP address and domain name from the competent authorities. In case the IP addresses are taken from SymBios, the same are non-portable and have to be return to SymBios at the termination of services.
8.5 Customers agrees not to use the internet for any of the following activities:
8.5.1 Voice communication to and from a telephone connected to PSTN/PLMN and following E.164 numbering is prohibited in India.
8.5.2 Establishing connection to any Public Switched Network in India and/or establishing gateway between internet and PSN/PLMN/ISDN in India.
8.5.3 Use of dial-up lines with outward dialing facilities from nodes.
8.5.4 Resell or cause to resell or offer to sell this Service.
8.5.5 Interconnectivity with ISPs.
9. Customers agree to use encryption upto 40bit keylength in the symmetric key algorithms or its equivalent in other algorithms without obtaining permission from the Licensor. However, if encryption equipments higher than this limit are to be deployed. Customer shall obtain prior written permission of DoT and deposit the decryption key,split into two parts with DoT.
10. SymBios may block Internet sites and/or individual Customer as identified and directed by DoT or designated security agencies from time to time.
11. Customer shall maintain a log of all users connected and the service they are using (mail, telnet, http etc.). Customer 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 of the Customer must be available in REAL TIME to Telecom Authority Type of logins,where the identity of the logged-in user is not known should not be permitted.
12. In the events that the Customer installs any Wi-Fi network of his own the Customer shall duly inform SymBios and undertakes to:
12.1 Use secured Wi-Fi network connection to avoid any misuse.
12.2 Be solely liable and responsible of any use/misuse of any Wi-Fi installation.
12.3 Set up and maintain its own authentication mechanism for the ensuring the security of Internet usage/Wi-Fi Services.
12.4 Keep a log of all the events on its Wi-Fi network for a period of a least one year and shall provide the same to the regulatory and/or security agencies as and when demanded.
13. Customer undertakes and agrees to take the required measures to ensure that any spam or malicious traffic is not generated from the Customer end. If at any time spam activity, unwanted or malicious is served from Customer link, SymBios reserves the right to lock/suspend or terminate the Link immediately without any notice.
14. The procedure for metering of charges and shifting, transfer, closure, safe custody of Services etc, shall be such as may be determined and varied by SymBios from time to time. The shifting of each of the Services availed by Customer is subject to the condition that the area is covered by SymBios and the same is technically feasible.
15. Except as provider elsewhere, either party may terminate the Enrollment by giving the other party not less than 30 days prior return notice in this respect but such a notice shall not absolve the Customer of its liability to make payment of the amounts that may be due outstanding as on date of termination The Customer undertakes to pay for all calls made while he was a Customer even if some of the call are billed to him after be ceases to be Customer but pertains to the period when he was a Customer.
16. SymBios connection/services shall normally be non-transferable. The Customer may seek prior permission in writing from SymBios for seeking transfer. In case of such permission being granted, substituted buyer may be allocated a different username or ID after all requisite formalities have be completed and the primary Customer shall be liable and shall fully discharge his duties till the date of such regularized transfer from SymBios. The Security received from original Customer will be adjusted/transferred /returned, less deduction if any as the case may be if SymBios is required to refund or return the security deposit to the Original Customer the transferee in such an event would have to give fresh deposit to SymBios as may be applicable or decided by SymBios.
17. All equipment (CPE), provided (but not sold) by SymBios shall always remain the absolute property of SymBios. The Customer shall only have the right to use the equipment or other equipment/accessories during the Enrollment period. The CPE must be kept by Customer in good and working condition.
18. SymBios will test the CPE prior to its installation and the Customer shall certify its functionality at its premises at the time of installation. Thereafter SymBios shall not be responsible for any defect/fault etc, that is not expressly covered by the manufacturer’s warranty of the equipment. Any such repair/exchange carried out by SymBios for failure/defects shall be charged from the Customer as per SymBios policy on the subject from time to time. Any damage or defect to CPE arising out of misuse or intentional damage or accidental damage or force Majeure event shall also be charged to the Customer account.
19. The Customer hereby agrees and undertakes to return the equipment immediately on temporary suspension of service or disconnection for any reason including the reasons cited in clause4.5. The Customer shall not claim any interest charged or lien on CPE(s) even if any dispute is pending for resolution between the Customer and SymBios.
20. The Customer shall be solely responsible in case of any loss in services due to misuse or hacking of any equipment or EPABX at Customer’s end and shall also be liable to pay for the usage charges to SymBios,if any without any demur or protest.
21. Customer shall neither shift the equipment nor transfer the same in any manner. In case Customer fails to comply with the terms & conditions of relationship SymBios reserves the right to lift/remove the equipment from the Customer premises and terminates the Customer Enrollment without any liability whatsoever on its part.
22. Notwithstanding anything mentioned in these terms and conditions, SymBios disclaim all its liabilities, warranties, responsibilities and services level assurance with regards to its Services, in case the Customer installs or uses any Customer equipment or Customer premises equipment, not provided by SymBios for availing the services provided by SymBios. It is further clarified, that SymBios shall not be liable for any claim, loss or damage of whatsoever nature that may arise due to use/installation of such customer equipment or customer premises equipment by the customer.
23. SymBios shall have the right to undertake inspections at the specified address or premises of the Customer to check for the bonafide usage of the Services and to ensure that there is no violation of its/any third parties’ Intellectual Property Rights (IPR). The Customer shall provide cooperation, facilities and access to SymBios for the same. In case on such inspection it is found that the Customer is indulging in any act or omission which amounts to violation of the terms and conditions contained herein or IPR, SymBios or its employee or agent shall be entitled to take photograph or videograph of such violation or any other measure necessary for regarding such violation.
24. Nothing contained herein shall be deemed to grant the Customer either directly or by implication, any right by license or otherwise in respect of any Intellectual Property, inter-alia in any software,concepts know-how, processes, development tools, techniques or any other proprietary material or information that SymBios may provide to the Customer in the course of provision of Service.
25. Only service personal so authorized by SymBios in this regard shall be allowed to inspect and rectify the Equipment incase of any malfunction.
26. Proper & effective use of telecom services is the responsibility of the Customer. Customer will be liable to pay the entire amount of bill arising due to usage of service (or VAS) from the Customer’s telephone/Account.
27. TECHNICAL SUPPORT
27.1 Technical support will be rendered only for SymBios broadband connection provided by SymBios. Support will not be provided for problems due to Hardware/Software other than that provided by SymBios.
27.2 SymBios is not responsible for setting up of or troubleshooting of the Customer’s Local Area Network.
27.3Customers are requested to call our helpdesk promptly in case of loss of connectivity.
27.4 Telephonic Support (24 X 7):The first level support will be telephonic support. Subscribers are requested to make available the error number or any other specific problems to help troubleshoot the issue faster.
27.5 Onsite Support (9:00 AM – 5:00 PM):If the problem/Issue persists after the telephonic support, onsite support will be provided. On-Site Support for calls registered after 6:00 PM will beaddressed in the first hour of the next working day.
28. CHANGE OF BILL PLANS
28.1 SymBios will process the bill plan change request upon receipt of written communication for change of bill plan from the Customer.
28.2Bill Plan change will take effect only from the next billing cycle after approval.
29. PERMANENT DISCONNECTION &FULL AND FINAL SETTLEMENT
29.1 Permanent disconnection is not allowed during commitment period.
29.2 In case a permanent disconnection is requested during commitment period, the rental charges on pro-rata basis will be charged for the balance days in commitmentperiod during Full & Final Settlement
29.3 On permanent disconnection, the refund of security deposit will be made through Account Payee Cheque after full & final settlement. The cheque will be delivered within 45 days at the billing address provided by the Customer.
AMENDING THE FORMS
30. SymBios shall have the option to vary, alter or amend any term and condition forming part of this Form due to administrative or commercial compulsions or for any other reason considered necessary in the interest of business operations. Customer’s continued use of Services or payment to SymBios after SymBios has issued such notice will constitute Customer’s consent or approval to all amendments.
31. The failure of any party thereto at anytime to require performance by the other party of any obligation/provision of this Form shall not affect the right of such party to require performance of that obligation/provision subsequently: nor any waiver by any party of any breach of any provision/obligation of this Forms shall be constructed as waiver of any continuing or succeeding breach of any such provision or waiver of the provision, itself or a waiver of any right(s) here under.
32. If any part of this Form is held invalid, the remaining provision will remain unaffected and enforceable, except to extent that SymBios right/obligations under the Form are materially impaired.
Privacy of communication is subject to the terms of the License Agreement of SymBios with DoT/MIB and other statutory and regulatory notifications/directives etc and agreements with the content provider etc. The Customer specifically agrees that in order to facilitate SymBios to provide Services. SymBios may be required to disclose any information or particulars pertaining to the Customer to any authority, statutory or otherwise, including but not limited to any debt collection agency, credit reference agency, and security agency and reserves the right to comply with the directions of such authorities at its discretion and without intimating the Customer.