PROTOCOL INDIA PVT LTD offers Internet Services with the Brand Name “oranzhost.com” in the States of Telangana and Andhra Pradesh.
This Agreement for subscription of services is entered between Protocol India Pvt. Ltd (herein after referred as oranzhost.com), a Company incorporated under Companies Act, 1956 having its registered office at Plot No. 8-366, 3rd Floor, K Komplex, Ayyappa Society, Madhapur, Hyderabad, Telangana-500081, having CIN No.: U72400TG2014PTC096787, GST No: 36AADCP6714E1ZK. Further, oranzhost.com is a duly licensed Internet Service Provider holding valid license issued by the Department of Telecommunications (DoT), Govt. of India. Any individual/entity/legal person subscribing to the services offered by oranzhost.com are hereunder referred to as the ‘subscriber/subscribers’.
oranzhost.com provides its services, which requires power at Subscriber’s premises. Subscriber accepts this requirement and hereby accords permission to install the required equipment and give power for the same as required by oranzhost.com, so that oranzhost.com internet services may be installed and commissioned. The subscriber is also responsible to provide all access to equipment necessary to access the services. All the subsequent services manuals/packages/booklets etc. issued by oranzhost.com from time to time shall be binding on Subscriber.
oranzhost.com reserves the right to modify and amend these terms and conditions in part or full and the amended one, as notified by oranzhost.com in its website www.oranzhost.com.in shall be binding on the subscriber.
The Subscriber shall provide valid proof of address and proof of identity as per the directions of DoT from time to time to subscribe to oranzhost.com services and as and when required by oranzhost.com.
New oranzhost.com subscribers are billed on 1st of the month subsequent to the month in which they have subscribed to oranzhost.com services. oranzhost.com does the billing for its monthly packages once a month in advance. All subscribers of oranzhost.com’s services are by default aligned to the 1st to 1st monthly billing cycle. oranzhost.com does the billing for its fixed term packages (like annual, Semi Annual etc. packages) from the date on which package is activated till the date the package expires. oranzhost.com bills its Subscribers on a pre-paid basis. All usage which exceeds the package limit of a particular month is billed in the next month bill cycle.
oranzhost.com Invoice shall become due and payable on the due dates mentioned in the invoice/bill from time to time. However, it will be the subscriber’s responsibility to enquire about subscriber outstanding and in case of non-receipt of bill, subscriber shall contact oranzhost.com and pay the amount due by the due-date. oranzhost.com shall not be responsible for any delay or loss in transit of bill.
All payments shall be made in full by the due date mentioned in the invoice/bill. Any delay in payment by the due date will attract an interest @2% per month. In case of dishonor of cheque, subscriber shall be liable to pay such charges as may be levied by oranzhost.com from time to time. All the terms and conditions of services and payments shall be notified by oranzhost.com from time to time by way of services terms & conditions and shall be binding on Subscriber.
At the time of subscribing to oranzhost.com’s data services, the subscriber is required to pay the following charges:
oranzhost.com subscribers are required to pay their bills as per the invoice/bill, else the services may be disconnected without notice. Billing disputes will only be entertained upon the subscriber first clearing the entire amount billed by oranzhost.com. If oranzhost.com finds any genuine errors in its billing, the same will be passed to the subscriber by the way of a credit note in subsequent month(s). oranzhost.com provides multiple monthly services to its subscribers, and its subscribers are not allowed to hold back or delay payments of one service on account of any issues or concerns that the subscriber may have with another service. In such circumstances oranzhost.com retains the right to disconnect the services of the subscriber without notice, in case of non-payment within prescribed time. oranzhost.com assigns credit limits to its subscribers based on certain parameters, and in case the subscribers cross these limits, they will be disconnected from the oranzhost.com services with or without notice.
oranzhost.com delivers its services using the world’s most advanced active fiber optic network. An active network requires power from the subscriber and oranzhost.com subscriber accords his/her/their consent to the same for the duration of their subscription to oranzhost.com services.
Subscriber hereby undertakes to never switch off the power to any oranzhost.com equipment which may be located in the premises of the ‘subscriber’, without giving adequate notice of at least 15 days to enable oranzhost.com to make alternate arrangements, at the time of services being discontinued. Any violation of the same will be treated as a breach of this agreement.
7. Usage of internet
oranzhost.com explicitly prohibits its ‘subscribers’ to use the services provided by oranzhost.com for any illegal or immoral activities as specifically prohibited by the laws of the land. Any deviation to this requirement, will invite immediate action from oranzhost.com. including but not limited to filing a complaint/case with the necessary authorities for the purpose of enforcement of legal remedy or action.
oranzhost.com services cannot be used by the ‘subscriber’ for illegal voice termination activates and any notice of the same will invite immediate censure by oranzhost.com and the same will be reported to the authorities who enforce the laws of the land.
oranzhost.com services cannot be used by the ‘subscriber’ for malicious, illegal, anti-national activities and any notice of the same will invite immediate censure by oranzhost.com and the same will be reported to the authorities who enforce the laws of the land.
Reproduction or distribution, publication, copying, downloading or exploitation of any third party Content by the Subscriber will hold the Subscriber solely liable for infringement of Copyright or any other applicable law(s). If oranzhost.com is put to any loss of injury due to any act(s) of Subscriber, the Subscriber is liable to reimburse the same to oranzhost.com, as per oranzhost.com’s demand notice. Subscriber 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 Subscriber.
The Subscriber understands that the internet contains unedited material, some of which is sexually, explicit or pornographic that may be offensive to some people and access to such material will be at Subscriber’s own risk and if oranzhost.com is put to any loss or injury due to such an act by the Subscriber, the Subscriber is liable to reimburse the same to oranzhost.com, as demanded by oranzhost.com.
oranzhost.com services are governed by the rules and norms prescribed by TRAI and DOT; accordingly oranzhost.com reserves the right to track the usage of its subscribers and on demand provide the same to the competent authority of Government or Government bodies.
oranzhost.com mandates that its ‘subscribers’ keep their access passwords secure and secret all the time. Any sharing of passwords is not permitted and in case/instance of the same is observed or brought to oranzhost.com’s attention, then oranzhost.com reserves the right to recover damages from the ‘subscriber’.
As per oranzhost.com’s Fair Usage Policy, every customer is allotted a generous Fair Usage Limit. Usage over and above the stipulated Fair Usage Policy Limit will result in reduced internet speeds.
The Subscriber agrees to indemnify oranzhost.com from any unauthorized use of internet as mentioned above, infringement of any law, rules and regulations in force from time to time and for any other defamation, infringement against oranzhost.com or its representatives.
Internet Telephony means a service to process and carry voice signals offered through Public Internet by the use of Personal Computers (PC) or IP based Customer Premises Equipment (CPE) connecting the following:
PC to PC; within or outside lndia.
PC / a device / Adapter conforming to standard of any international agencies like - ITU or IETF etc. in India to PSTN/PLMN abroad.
Any device / Adapter conforming to standards of international agencies like ITU, IETF etc. connected to ISP node with static IP address to similar device / Adapter, within or outside India.
The addressing scheme for such internet telephony communication involving transmission of voice in packetized data format through the public Internet will conform to IP Addressing scheme of Internet Assigned Numbers Authority (IANA) alone and not the National Numbering. Scheme/plan applicable to subscribers of Basic/Cellular Telephone Service, as defined by DoT.
8. Shifting subscriber’s connection
oranzhost.com allows its existing customers to request for a connection transfer in case subscriber is shifting residence/office within the city of Hyderabad.The same shall be chargeable as per the charges fixed by oranzhost.com from time to time. oranzhost.com shall not be liable to refund amounts to any of its subscribers by virtue of they shifting to non-feasible areas.
9. Usage of Wi-Fi
Usage of Wi-Fi by a ‘subscriber’ is strictly required to be in compliance with the Department of Telecommunication Policy on the same (www.dot.gov.in). The ‘subscriber’ is required to intimate oranzhost.com in advance in case they are installing a Wi-Fi Router or Access Point on the connection provided by oranzhost.com. ‘Subscriber’ is required to ensure that subscriber’s router SSID is in hidden mode and the access to the same is not open and is controlled by way of a Network key / encryption key. ‘Subscriber(s) may also opt to use Wireless Plus, the centralised managed Wi-Fi Routers provided by oranzhost.com, in order that oranzhost.com can ensure compliance with the Wi-Fi policy and rules, if the subscribers are not able to ensure compliance on their own with these requirements. The Wireless Plus - Home Wi-Fi device will function only on the oranzhost.com Network. oranzhost.com is merely a provider of cable modems/routers or any other hardware that may be required to enable the services. Such equipments shall carry such warranties as provided by the original equipment manufacturer. Subscriber may have no right or claim against oranzhost.com for the failure of cable modem/ routers / or any other hardware that are required to provide the services.
oranzhost.com endeavors to provide installation of a new connection within 15 working days, as prescribed by TRAI, subject to Technical feasibility. In case of any delay beyond 15 days, TRAI guidelines are adhered to by oranzhost.com. In case of extra cabling being required for feasibility, additional charges will apply.
11. Refund Policy
oranzhost.com does not entertain refund of any amounts that may have been paid by the ‘subscriber’, for an Annual / Semi Annual / Quarterly / Monthly / Child Plan Package / Wireless Plus - Home Wi-Fi Device or any other similar package offered by oranzhost.com from time. Only in case of non-feasibility of a new connection, refund is made by oranzhost.com. The time for a refund to be affected is 4-6 weeks, beyond the allowable time of 15 working days as mentioned above.
12. Discount Policy
oranzhost.com provides service discounts in line with TRAI policy on the same, on a case to case basis, as needed. In case of Billing disputes, oranzhost.com subscribers are required to email their specific concerns to [email protected] and the same will be addressed to in 4-8 weeks, by way of a discount / credit note passed in the account of the ‘subscriber’, if found genuine by oranzhost.com.
oranzhost.com offers gift voucher / schemes with some of its product offerings. oranzhost.com reserves the right to withdraw these schemes at any point of time without prior or advance notice. oranzhost.com requires 4-8 weeks to deliver the Gift Vouchers and the same is done on a best effort basis. The ‘subscriber’ has to ensure that correct address information and address proof is provided in the Customer Application form, otherwise oranzhost.com cannot be held accountable for any delays in delivery of any product. oranzhost.com, from time to time may offer software packages / products to its subscribers, which would be typically linked to the ongoing subscription to oranzhost.com servicers by the subscriber. These packages and products are third party tools / applications and oranzhost.com would offer the same on a best effort basis. oranzhost.com is not responsible for any effect on performance of ‘subscriber’ system/ pc/ laptop/ router, due to installation of this third party software or any loss or financial implication that the ‘subscriber’ may suffer as a result. oranzhost.com explicitly reiterates that usage of said products is at the discretion of the subscriber and is not a mandatory requirement in order to use the services of oranzhost.com.
The Internet contains unedited material, some of which may be illegal, sexually explicit, immoral or offensive. oranzhost.com is merely providing connectivity to the internet and has no responsibility or control over the contents of the internet or the individual’s usage of the same. oranzhost.com is not responsible for virus/malicious traffic which may infect the PC/Laptop of the subscriber, since oranzhost.com has no control over the same. Subscriber shall assume full responsibility and risk for the use of the services provided by oranzhost.com. The subscriber is solely responsible for evaluating the accuracy, completeness and usefulness of all services, products and other-information and the quality and merchantability of all merchandise provided through the internet access service offered by oranzhost.com. The services by oranzhost.com are provided on an ‘As is and Available” basis only. oranzhost.com does not warranty that the services will be uninterrupted, error-fee or free from viruses, Trojan horses or harmful components.
oranzhost.com will put in best efforts and strive to maintain the maximum possible uptime of the services. However oranzhost.com shall not be liable for any downtime in the services and offers no guarantee of end-to-end bandwidth on internet. oranzhost.com may suspend the services during Technical failure, modification or repair of testing of the services network and shall not be liable to refund any amount to the Subscriber for any other loss including any direct, incidental, exemplary, multiple, special, punitive or consequential damages that the subscriber may sustain when the services are interrupted / suspended owing to causes and reasons beyond oranzhost.com’s control.
15. Limitation of Liability
oranzhost.com shall not be liable to the Subscriber in any manner whatsoever for any costs or damages that may arise directly or indirectly on account of Subscriber using the services provided by oranzhost.com, including any loss of business - direct, incidental, exemplary multiple, special, punitive or consequential damages in any event, (notional or otherwise) that the subscriber may claim to suffer on account of any deficiency, failure and/or delays in the services provided by oranzhost.com, in the event of deficiency, failure and/or delays in oranzhost.com’s Services are connected or related, directly or indirectly, to any reason which is beyond the control of oranzhost.com. For this purpose, a matter beyond the control of oranzhost.com shall include but shall not be limited to the following:
Subject to clause No. 13 and first provision of clause 14 above, oranzhost.com shall be liable to compensate the subscriber only on the account of deficiency of services provided by oranzhost.com to extend waiver of charges as prescribed by regulations issued by Telecom Authority of India. Further, oranzhost.com shall not be liable for any claim made by the subscriber for any loss including but not limited to equipment loss, property loss arising due to malfunction of oranzhost.com equipment installed in customer premises due to the reasons beyond the control of oranzhost.com that including but not limited to electrical short circuit, electrical outage and etc.
16. Termination of Agreement
Continued use of oranzhost.com services, constitutes acceptance of the terms of this agreement in its present form without exception and also includes acceptance of any future revisions to the same. lf the ‘subscriber’ is dissatisfied with the services provided by oranzhost.com, then the sole and exclusive remedy available to the subscriber is to stop using the services and to terminate the oranzhost.com account, under intimation to oranzhost.com in writing. This does not absolve the subscriber of any dues which remain and the same remains payable.
oranzhost.com also reserves the right to withdraw/suspend/terminate/disconnect the services to the ‘subscriber’ partially or fully in case of any of a number of reasons, including but not exclusive to - negative address verification, non-payment, violation of any terms of this agreement, usage of the service for any illegal or immoral activity and subscriber’s equipment or software is interfering with oranzhost.com’s other services if so found by oranzhost.com etc.
lf the subscriber commits breach of any of the terms and or conditions herein, oranzhost.com may. at any time, at its sole discretion and without prejudice to any other remedy available under any law, either suspend the services or terminate this agreement.
17. Reinstatement of services
Reinstatement of services will require full payment of outstanding balance and other charges plus installation fees. It shall be oranzhost.com’s sole discretion to allow such reinstatement of the services fully or partially.
oranzhost.com shall be at liberty to assign this contract to anybody at any time. The same shall be binding on the Subscriber. This contract and the services shall be non-transferrable by subscriber at any time.
19. Severability & Jurisdiction
lf any term or condition of this contract becomes or is declared illegal, invalid, or unenforceable for any reason, such term or condition shall be divisible from this contract and deemed to be deleted from this contract and the other provisions shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will modify the provisions of the contract. The provisions of all obligations and all restrictions on Subscriber will survive the termination of this contract. Any question, dispute or difference arising out of this contract, shall be referred to arbitration. The arbitrator shall be a sole Arbitrator appointed by oranzhost.com. The arbitration shall be governed as per the Arbitration and Conciliation Act of 1995 as amended from time to time. The arbitration shall be held at Hyderabad. Cost of arbitration shall be shared by oranzhost.com and subscriber, equally. Courts at Hyderabad shall have exclusive jurisdiction.
The provisions of all obligations and all restrictions on Subscriber in clauses 3,4,6,13 & 14 shall survive the termination of this agreement.
21. Governing Law
The Services provided by oranzhost.com shall be governed by the Indian Telegraph Act 1885, Indian Wireless Telegraphy Act 1933 and Telecom Regulatory Authority of India Act 1997, as modified and replaced from time to time. This Agreement shall be governed by the Laws of Republic of India and courts at Hyderabad shall have exclusive jurisdiction.
I/We, the subscriber, hereby confirm having read all the above terms and conditions and also confirm my/our understanding and acceptance in full of the same, without exception. Our subscribing to the services provided by oranzhost.com constitutes a total acceptance of the Terms of oranzhost.com’s service offering.