Airwaves Internet Pvt. Ltd. (hereinafter referred to as “Airwaves”) any related services or Products provided by Airwaves to the End User (“Services”) shall be governed by the terms and conditions herein. By activating the Services, the End User, acknowledges receiving, reading, and understanding this Agreement and accepts the terms and conditions herein. End-User acknowledges that they are of legal age to enter into this Agreement.
TERMS AND CONDITION. The terms and conditions stated herein are in lieu of and replace any and all terms and conditions set forth in any documents issued by the End User.
TERM. The term of this agreement (“Term”) begins on the date that Airwaves initiates the Services and continues for the duration of the service period as defined by the service plan that is selected by the End User (“Plan”). At the end of the current Term, the term is automatically renewed under the same terms and conditions for a like term as the Term just ending unless the End User provides Airwaves prior to the end of the current Term, notification of intention to terminate the service. The End User agrees to pay for the Services for the duration of the Term. Expiration of the Term does not alleviate the End User of responsibility for paying all unpaid, accrued charges due here Under. If the End User choices to terminate the service before the end of the current Term, the End User will be immediately responsible for paying monthly services fees otherwise due for the duration of the Term.
SERVICE. The VoIP services provide by Airwaves are on as is where is & as available basis. The quality of the internet Telephony call depends on the network quality and Airwaves does not provide any guarantee or take any responsibility for the clarity of voice, connection times, uninterrupted calls, etc. Airwaves is also not responsible for any wrong number dial & the same will be charged according to the plan. Airwaves service the right, in its discret1on, to limit, or terminate access to certain destinations. The security of the password & the Pin number is the sole prerogative of the End User & Airwaves disclaims any responsibility of the same.
CHARGES AND PAYMENTS. End-User is to pay all charges invoiced to the End Users account including, but not limited to initiation fees, monthly services fees, and any other application. Airwaves any time terminate the Services and all assured charges are immediately due plus a late fee of the lesser of Rs. 50 per month or the maximum allowed by law assured from the date of invoice until payment in full ts received by Airwaves. No termination of the Services or of this Agreement shall relieve End User from paying any amount due hereunder. Monthly service fees are paid to advance of each monthly service, and any other applicable charges are built at the end of each month’s service, monthly service fees are initiated at the earlier of
a) The End User activation of the services or
b) 30 days after the End User’s purchase of the Services and are prorated to take into account any partial month that may occur as the result of the date monthly service fees initiated.
CREDIT. All shipments, deliveries, services, and performance of work covered by this Agreement shall act all times be subjected to credit approval or review by AIRWAVES. End User will provide such credit information or assurance as requested by airwaves at any time AIRWAVES in its sale discretion and judgment may discontinue credit at any time without note.
TAXES Quoted prices do not include any customs duties, sales, use, value-added, excise, central state, local public utility, or other similar taxes, All such taxes shall be paid by the End User and will be added to any amount otherwise changed to End User provides AIRWAVES with an appropriate exemption certificate.
RESTRICTIONS. End User agrees that the use of the Internet Service and/or Equipment will be restricted for personal, residential, and reasonable business use ONLY. Airwaves Internet Private Limited reserves the right to immediately terminate or modify the Service AIRWAVES determines, in its sole discretion, that the End User’s use of the Service is for non-residential or commercial use.
TERMINATION. AIRWAVES reserves the right, as its sole discretion, to suspend, terminate or change the Services without advance notice for any reason, including without limitation, misuse of the Internet
Services in any way. End User’s breach of this Agreement, End User’s failure to pay any sum due hereunder, suspected fraud or other activity by End User that adversely affects the Services, AIRWAVES’s network or other end user’s use of Services. AIRWAVES reserves the right to determine, at its sole discretion, what constitutes a misuse of the Services End User agrees that AIRWAVESs determination is final and binding on End User. AIRWAVES may require an activation fee to change or resume terminated or suspended Services. Any termination shall not prejudice the recovery of any outstanding from the End User by airwaves.
TECHNICAL SUPPORT Airwaves Internet Private Limited provides End User technical support at its sole discretion and as limited to the Services and the Equipment provided hereunder. Technical support is rendered from AIRWAVES’s or premises as available via email and telephone. Support for other applications and uses is not provided or implied.
BREACH. In the events of End User’s breach of the terms of the Agreement, including without limitation, failure to pay any sum due hereunder, End User shall reimburse AIRWAVES for all attorney,the Court, collection, and other costs incurred by AIRWAVES in the enforcement of AIRWAVES’s rights hereunder and AIRWAVES may keep any deposits or other payments made by End User.
IDENTIFICATION. End-User agrees to defend, indentify and hold AIRWAVES, its affiliates, and its vendors harmless from any claims or damages relating to the Agreement.
COMPLIANCE. End User agrees to comply with Indian laws concerning the transmission of technical data or other regulated materials by the Services. End-User agrees to comply with applicable local state and Central Government regulations governing the locality in which the Equipment and Services are used. The End User is hereby notified that the Indian laws strictly do not allow any Internet Broadband service and voice calls to be switched to any other non-IP telecom network.
PHONE NUMBERS AND WEB PORTAL DISCONTINUANCE. Upon expiration, cancelation, or termination of Services, End User shall relinquish and discontinue use of any phone numbers, voice mail access numbers, and/ or web portals assigned to the End User by AIRWAVES or its vendors.
FORCE MEASURE AIRWAVES shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, fire, flood, accident, riot war, government intervention embargoes, strikes, labor difficulties, equipment failure, and late deliveries at its sole discretion.
GOVERNING LAW & ARBITRATION. Any disputes or differences between the End User & Airwaves shall be referred to a sole arbitrator nominated by Airwaves or its associates in accordance with the provision of Arbitration & Conciliation Act, 1996. This agreement is subject to the jurisdiction of the Courts of Solan District(Himachal Pradesh) India.
ENTIRE AGREEMENT. These terms and conditions (but expressly not including any terms and conditions of End User’s documents, including any purchase order) constitute the entire agreement w.m regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, written or oral relating to said sale. This agreement shall be binding upon the heirs, successors, and assigns of the parties here to.