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TERMS AND CONDITIONS

TERMS AND CONDITIONS OF FAAST NETWORKS SERVICES

Terms of Service for FAAST Networks

FAAST Networks services are offered by Outofbox Networks Private Limited (“ONPL”), having its Corporate and Registered office at OUTOFBOX NETWORKS PRIVATE LIMITED, Fifth Floor, Oneness, 1st Cross, 1st Main, Sadashiv Nagar, Belagavi-590001, Karnataka. FAAST Networks is an initiative of ONPL. All services offered under this initiative shall be referred to as being offered by “FAAST Networks Operations” or simply by “FAAST Networks”.

The Terms and Conditions stated herein below form an integral part of the accompanying “Subscription Form” and govern the provision of the services (as defined here under) by ONPL, pursuant to the said Subscription Form.

 

  1. “Customer”/”Subscriber” means any person who avails the service(s) offered by ONPL. The term “person” stated above includes individuals, partnership firms, proprietary concerns, body corporates, housing societies, association of persons or body of individuals and other artificial juridical persons.
  2. “Service” in general includes all the services that ONPL offers, markets, maintains and supports as of date and all updates and upgrades that ONPL may offer to the Subscriber under the FAAST Networks initiative. However, service in relation to the Subscriber shall mean and cover only those services, which the Subscriber has specifically availed for.
  3. The Terms and Conditions herein, published by ONPL from time to time shall constitute and will be an integral part of the agreement between ONPL and the Subscriber with respect to the service. ONPL reserves the right to change any or all aspects of this agreement, operating rules, usage guidelines, prices governing the service, service plans, pricing structure and product/service policies at any time without prior intimation to the Subscriber in specific. The Subscriber acknowledges that it is his/her sole responsibility to appraise himself/herself of the Terms and Conditions, as amended from time to time as published on the Website Terms of service and agrees to abide by the same.
  4. The Subscriber registration must be done with complete and correct details such as name, address, telephone number and e-mail address, etc. In case of any change, the same should be updated by the respective Subscriber without fail or delay, failing which, ONPL reserves the right to terminate the service and close the account without any obligation to refund the Subscriber’s account balance.
  5. The service is being provided subject to all the applicable Indian laws, rules and regulations. The terms of service published on the Website Terms of service shall override all standard terms and conditions.
  6. FAAST Networks Operations shall provide service to the Subscriber, in accordance with the Terms and Conditions then in force and as amended from time to time.
  7. The charges towards services subscribed is non-refundable. All taxes, duties or any other levies of any nature whatsoever, payable for the services, shall be payable by the Subscriber in addition to the charges towards availed services.
  8. ONPL will put in best possible efforts and strive to maintain the maximum possible uptime of the service. However, ONPL will not be responsible for downtime of service due to reasons beyond its control. (Force Majeure). “Force Majeure” means events like Acts of God, war (declared or undeclared), riots, civil commotion, revolutions, hostilities, strikes, epidemics, accidents, fire or any other cause similar to the kind enumerated or equal force not within the control of ONPL and renders impossible the fulfilment of this Contract.
  9. The Subscriber also acknowledges and accepts that in the very nature of the services to be provided, there can be a number of factors affecting the services provisioned, and the obligation of ONPL shall be limited to provide the services, on best endeavour basis.
  10. ONPL shall not be liable to the Subscribers for any loss, expense or damage of any kind arising due to the performance of ONPL obligations under this contract or arising from disruption, interruption, suspension or malfunction of the service for whatsoever reason.
  11. ONPL shall not be responsible for any loss or damage which may occur resulting from the use of any third-party software which may be optionally provided to enhance user experience. Any support that is needed, has to be availed from the respective software vendors/companies. The Subscribers have a free choice in regard to the usage of such software.
  12. ONPL will be responsible only for carrying data packets and is not responsible for its nature or content. The Subscriber guarantees that the service will be used for genuine purposes only and will not be used for any immoral or unlawful or socially unacceptable purposes as stipulated from time to time by Government of India.
  13. The Subscriber hereby undertakes to fully defend, indemnify and hold ONPL, its employees, directors, officers, agents, partners, affiliates and their successors and assignees from and against any and all liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon his/her use of FAAST Networks Services, including any claim of libel, defamation, violation of rights of privacy, loss of service, loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, special or consequential loss arising out of or in any way connected with the use of FAAST Networks Services and any other indirect or consequential loss howsoever arising.
  14. The Subscriber hereby confirms that all information provided by him in respect of his/her use of FAAST Networks services is true and accurate to the best of his/her knowledge and belief. The Subscriber is solely responsible for the security of his/her password and for all transactions undertaken by him using his/her password through FAAST Networks Web site. The Subscriber acknowledges and accepts that considering the nature of the service, there will be a need to change the password from time to time to avoid misuse and to maintain secrecy. The Subscriber hereby confirms that he is the authorized holder of the credit card/Debit Card or is the original account holder used in the transactions he makes using the FAAST Networks web site and he alone uses the “ID” and “Password” he has created in the site. if any, related to FAAST Networks service(s). ONPL shall not be responsible for any financial loss, inconvenience or mental agony resulting from any unauthorized use /misuse of the Subscriber’s User-ID/Password/credit card number/account details number for making online payments on the FAAST Networks Web site.
  15. The Subscriber shall not distribute, transfer, re-assign, sell and/or offer or promote the service to others or otherwise share the services with others without the express authorization of ONPL. In accordance with the terms of ISP license, ONPL reserves the right to inspect the Subscribers premise at all times to ensure that the subscribers adhere to the terms of service. If the Subscriber is found in default in complying with the said terms of service, ONPL reserves the right to terminate the services immediately and shall not be held liable for any refund or compensation thereafter. The Subscriber shall not do anything that is detrimental to ONPL’s interests.
  16. ONPL shall have the right to terminate the services, without any prior notice to the subscriber, in the event of breach of these terms and conditions on the part of the Subscriber. ONPL and the Subscriber shall also have the right to terminate this Agreement at any time by giving 30 days prior notice by way of general notification or publication or changes suitably made in the website www.FAAST.in without the need to assign any reason for such termination. In the event of such termination by ONPL, the subscriber shall be entitled for refund of the proportionate part of the charges paid for the unutilized period of service. However, ONPL shall not be liable to re-fund any amount if the termination is by the Subscriber or for breach or failure on the part of the Subscriber.
  17. The Subscriber acknowledges that the service is provided on “as is and available” basis. ONPL, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, unless explicitly granted to the Subscriber by way of service level agreements, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that the service will be uninterrupted or error free. ONPL expressly excludes any implied warranty of merchantability or fitness and any service guarantees granted to the Subscriber shall be limited for the cause and period of such agreement.
  18. ONPL and the Subscriber hereby agree that this agreement together with the operational rules, usage guidelines and other terms notified by ONPL shall constitute the complete Terms and Conditions between them and there shall be no addition, modification or deletion to these Terms and Conditions unless it is so agreed in writing and signed by both ONPL and the Subscriber.
  19. Telephony on Internet is permitted to a limited extent i.e. (I) From PC to PC within or outside India (ii) PC in India to telephone outside India (iii) IP based H.323/SIP terminals connected directly to ISP nodes to similar terminals within or outside India. The Subscriber shall strictly comply with the above. A violation of the same shall be treated as breach of agreement. The Subscriber hereby indemnifies ONPL of any consequences arising out of such usage of this service.
  20. It is illegal to terminate Internet telephony calls to any public telephone number (PSTN, ISDN, PLMN, etc.) in India, irrespective of whether the same originates in India or abroad and a violation of this clause shall be deemed as breach of agreement.
  21. The Subscriber agrees that the broadband service is a single PC connection. ONPL shall not be responsible for any downgrade of service due to re-distribution by the Customer. Any re-distribution or sharing of this service without prior authorization of ONPL shall be treated as unauthorized infringement of network privacy and shall be dealt with as per prevailing cyber-crime and criminal laws, and the Subscriber shall be held fully and solely responsible for any costs and consequences.
  22. ONPL’s entire liability for any failure or breach on the part of ONPL shall be limited to the refund of the unused portion of the charges paid by the Subscriber towards availing the service. ONPL disclaims all warranties and conditions expressed or implied, including but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose with regard to the services offered and in no event ONPL shall be liable for any other damages including special, indirect or consequential damages, loss of profits, business interruption whatsoever arising out of use or inability to use the services or unavailability.
  23. In using FAAST Networks service, the Subscriber agrees to comply with all laws, regulations and rules applicable and hereby fully indemnifies ONPL against any claims, losses, damages or consequences arising from non-compliance of the subscriber to any applicable laws, rules and regulations as per the terms of ISP license published by Government of India.
  24. The Subscriber expressly acknowledges that the liability of ONPL is limited to the service rendered by ONPL and ONPL shall not be liable for any acts or deeds of the Subscriber outside the scope of this service.
  25. The Subscriber hereby declares that he/she has read the Terms and Conditions of service published in the Website at Terms of service and the Subscription Form completely, and that he/she unconditionally agrees to abide by them.
  26. The Subscriber agrees that all the Terms and Conditions were explained satisfactorily to him/her and has signed the agreement after completely understanding the same.
  27. The ‘network’ or ‘network components’ used by ONPL to render the FAAST Networks services, including but not limited to cables, switches and un-interrupted power supply deployed by or on behalf of ONPL is the exclusive property of ONPL, and the Subscriber shall not remove/re-locate the same without prior written consent from ONPL. Any attempt to violate or violation of the same shall be deemed as a willful attempt to destroy ONPL property and the Subscriber shall be liable to be dealt in accordance to the prevailing laws.
  28. The Subscriber equipment, if provided by ONPL during the period of service or otherwise shall be the property of ONPL unless fully paid for, by the Subscriber and subject to suitable acknowledgment in specific received from ONPL towards the transfer of ownership of equipment.
  29. ONPL reserves the right to control/monitor the functionality of the device provided to the Subscriber (if any), from its end, during the service period.
  30. In order to provide speed of connection of service(s) or otherwise, ONPL reserves the right to upgrade the service(s), without prior intimation to the Subscriber as long as tariff remains unchanged for the service.
  31. Services may be suspended in whole or in part at any time without notice to the Subscribers if the network requires urgent modification, maintenance or under the instructions issued by competent offices of Government of India. ONPL shall make all reasonable efforts to minimize the frequency and duration of such events.
  32. ONPL reserves the right to conduct a survey to seek feedback of the Subscriber on the service(s) provided by ONPL.
  33. Subscriber’s account will automatically get disconnected on expiry of the bill due date or the pack value whichever is earlier and the Subscriber shall ensure that the account is active. ONPL shall not be held responsible for disconnection due to non-receipt of bill or non-receipt of communication in regard to expiry of account. ONPL shall charge a re-connection fee for such disconnections.
  34. ONPL may be required to disclose any information or particulars about the Subscriber to any authority, statutory or otherwise, including but not limited to any debt collecting agency, security agency, law enforcement agency, financial institution or bank and ONPL reserves the right to comply with, at its discretion.
  35. The service is exclusively for the consumption of the Subscriber of the service. The Subscriber re-distributing or sharing the service for commercial intent is not permissible unless explicitly authorized in writing by ONPL. ONPL reserves the right to inspect the Subscriber’s premises and disconnect the service without prior intimation, if the usage is found to be in violation of the terms and conditions of subscription, the Subscriber’s account shall be closed and the balance of amount remaining to the credit the Subscriber’s account shall not be refunded.
  36. The Subscriber acknowledges that spamming of e-mails is prohibited. Spamming is the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list, which the recipient has not specifically requested. ONPL reserves the right to block the Subscriber’s e-mail ID or even terminate the services in the event of breach of this provision is reported against the Subscriber.
  37. The speeds mentioned against various service plans are as experienced using the ONPL Network and cannot be accurately measured by using other network hosted tools.
  38. For enhanced security, the ONPL Broadband User-ID as chosen by the user at the time of registration, the IP address and the MAC address (unique for each LAN Card) will be used separately or jointly for authentication. This means that a User-ID can be used only from that user’s PC and IP address allocated to the user.
  39. The Subscriber shall not use the service provided by ONPL for any illegal or unlawful purpose. The Subscriber shall at all times follow all the rules & regulations laid down by the competent authorities from time to time.
  40. ONPL reserves the right to accept or reject any Subscription form without citing any reason for the same.
  41. It shall be the duty of the Subscriber to protect and keep the password protected, safe and secured. Online requests made by any Subscriber shall be treated equivalent to the physical form of application and ONPL shall not be liable for any unauthorized online requests made on behalf of the subscriber.
  42. By agreeing to the terms and conditions of the service, it binds the Subscriber and whenever and wherever applicable, his/her heirs, executors, successors and permitted assignees and benefits ONPL and its successors and assignees.
  43. ONPL reserves the right to initiate appropriate legal proceedings in case of breach of any of these terms and conditions by the Subscriber.
  44. Proprietary Rights to Contents: The Subscriber hereby acknowledges that the contents in the FAAST Networks website, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsored advertisements, through E-mails distributed and the commercially produced information made available to him/her by FAAST Networks Website or by any third party Website or contents therein, directly or indirectly accessed through links in the FAAST Networks Website is the Intellectual Property Rights of the respective owners of such contents . The Subscriber hereby agrees not to make any unauthorized use of these contents.
  45. The Plans are intended only for personal use of included services. FAAST reserves the right to discontinue Unlimited Data benefits offered as part of the Plans in case of misuse/ fraudulent use/unauthorized telemarketing and commercial use. FAAST believes that to provide the best possible experience for the most possible users with optimal capacity and network performance, it is necessary to encourage responsible use by consumers. To avoid abuse of Unlimited Data benefits by a few that affects the vast majority of other users, for such plans, FAAST will identify and treat any consumption by a customer beyond 1000 GB of data in a 30 day recharge cycle; as misuse of the benefits provided. Upon reaching such a limit in a recharge cycle, FAAST reserves the right to withdraw the plan benefits in the form of data use for such consumer without giving any prior notice.
  46. The prepaid recharge once processed, can neither be refunded for cash nor be transferred to any other account.
  47. The Subscribers are provided with advance recharge options in all of the plans with associated benefits and discounts. The subscribers are free to opt for any of these options or avail the monthly recharge option based on their category.
  48. The OTT subscription provided in eligible plans shall work in supporting devices.
  49. You may forward your request/ complaints to Grievance Officer.
    Contact : E-mail: nodal@faast.in
  50. The services stopped for non-payment or non-renewal of packages may be reactivated without any charges within 15 days from the date of such deactivation. Further, the consumer may place their connections in safe custody by a written request to the company, for a maximum period of 45 days. Post 45 days on inactive state of any account, 250 INR will be charged to re-activate.
  51. The consumer shall take full and sole responsibility for preserving the secrecy of the password. The consumer acknowledges and accepts that considering the nature of the service there will be a need to change the password from time to time to avoid misuse and to maintain secrecy. The company shall not be responsible for any wrongful or unauthorised usage under any circumstances.
  52. The company may accept the request for shifting of connection from the consumer only in cases where the technical feasibility of the company is available in the desired new location and the consumer agrees to pay the charges fixed by the company, from time to time for such shifting.
  53. FAAST Fiber Customers who relocate have to again place a feasibility request to FAAST Team and get a quote for relocation and re-installation, it will always be charged as regular installation price as per feasibility and there is no role of what you paid for your previous installation, as it involves manual road-work for installation or reinstallation whatsoever
  54. The speed mentioned against various service plans are the maximum connectivity speed as experienced within the FAAST Network and the company shall block Internet sites as identified and directed by the Authorities from time to time.
  55. FAAST support ends at the termination cable at the customer end only. Internet experience after a router or switch, won’t be under FAAST support scope. The best support is extended till a LAN-connected computer only, provided the computer is at its best health and free from any kind of virus and malware.
  56. You may request to change your plan which will only get active, once your current subscription expires
  57. Plans speeds advertised are speeds up to ISP Speedtest Node only. Our support and help is limited to connectivity speeds only not to download speeds to any 3rd party website or servers which is not owned by FAAST. Speedtest should only be done at www.speedtest.net with FAAST Networks host selected. Complaints or tickets using 3rd party speed test websites or apps are not covered under support scope or ticket scope. Any tests speed, latency, jitter to servers outside FAAST scope, and ownership will not be taken into support scope. At times, Speed test stays really busy and in that case, FAAST staff may test the speeds using some HTTP file downloads or FTP file downloads from FAAST servers. The local throughput performance is measured within FAAST through a local speed test server of FAAST. In actual usage, the download speed may be subjected to the performance and connectivity of the destination application or web server which is not within FAAST’s control.
  58. FAAST will not be responsible for the quality of the Customer’s wireless connection speed. The download speeds on the wireless connection are subjected to environmental factors within the home which include but not limited to: brick walls, concrete flooring, steel plate reinforced flooring, thick structural wall, pillar with steel reinforcements, filled fish tank, TV, mirror, microwave and CPU casing. The signal strength may vary or fail altogether due to above-mentioned factors which are not within FAAST’s control. FAAST shall not be liable for any loss or damage arising from such interference or failure. The customer shall be solely responsible for providing all equipment necessary such as mesh devices or repeaters, at its own cost, to extend wireless coverage beyond above mentioned limitations should the need arise.
  59. FAAST wont be responsible for your data usage or answerable for your data usage. FAAST can only monitor your session logs and show you your full data usage details but cannot tell you, how or where its used, as we aren’t tracking you or spying on your data usage.
  60. A FAAST Customer account with a live subscription, cannot be paused or adjusted. It can only be cancelled and the customer will lose any funds associated with the subscription and pay for the next package he wants to subscribe.
  61. Customer should only submit a ticket for speed degradation, after monitoring the speeds for 24 hours or more. Tickets without that test would be closed without action, since broadband means shared internet and speeds will depend on various factors. Internet being used for commercial reasons or commercial offices, are strictly recommended to subscribe for FAAST Business Plan or Internet Leased Circuit from us, to get better contention and better priority in traffic and support.
  62. Customers who are entitled to get security deposit refund will only be paid by check by FAAST in the account holder’s name only. Security Deposit refunds are only done, once FAAS Tteam verifies the FAAST device as 100% working condition with all the accessories intact.
  63. Plan change or relocation requests on tickets will only be taken, if its sent by the account owner only, from his own FAAST registered email address.
  64. There is no SLA or uptime guarantee on broadband connections, so no adjustments or refunds are done, in case of connectivity issues or whatsoever. Internet Leased Circuits holders come with 99.5% uptime guarantee and SLA agreement, so they are eligible for rental adjustments during their next billing cycle

Terms of Service for FAAST Networks

  1. Month is defined as 30 days.
  2. Minimum speeds are guaranteed access speeds up to the gateway.
  3. All time references in service definitions are made in “hh : mm : hours” format.
  4. Day checkout time is 00:00 hrs midnight.
  5. Day means calendar day.
  6. Charges for static IP address are extra.
  7. Both Post-paid and Pre-Paid services are available.
  8. Base package is a combination of service parameters which is “Port Speed” and “Service(s)”.
  9. Tariff is subject to change with one month notice or expiry of current validity period, whichever is earlier.
  10. Tax and statutory regulations are subject to change without notice.
  11. All services are subject to statutory regulations.
  12. Subject to all jurisdiction 24x7x365 off-site and online support available.
  13. Discounts are applicable only for usage-based-billing packages.
  14. Discount amount will be credited to account along with the next renewal.
  15. No cash refunds against the discounts shall be possible.
  16. In case of disconnection, discounts are forfeited.
  17. Rounding-off shall be done only to the final figures.
  18. Discounts are applicable before GST.
  19. Any credits, including discounts, will be credited to the Subscriber’s account only at the time of next renewal.
  20. Un-interrupted Service Continuity: At the end of the validity period of the current package, the subscription shall automatically get renewed to the most recently subscribed package, provided there is sufficient account balance to complete this transaction, failing which the Subscriber account shall be deactivated. However, the Subscriber(s) can opt to stop auto-renewal by requesting the FAAST Networks customer support services.
  21. Money Validity: For deactivated accounts, which might have certain un-spent balance, the account balance shall continue to be available for 6 months from the date of expiry of the subscription. If the user account is re-activated within 6 months from the expiry of subscription, the previous un-spent account balance remains available. After 6 months from the expiry of subscription, the user account shall be treated as “expired” and any un-spent account balance shall not be refundable.
  22. Tariff plan for each service is published on the Website www.FAAST.in
  23. Installation charges are non-refundable.
  24. There will be a minimum monthly rental of Rs.100 to Rs.500/Month based on the plan the customer is in if he opt for suspension of service temporarily. Maximum 2 months in a year the account can be kept in suspension.
  25. Cancellation of an account is deemed accepted only when such a request is acknowledged by FAAST Network via a reply to the cancellation email or a service ticket ID, customers are encouraged to obtain a service ticked ID post cancellation request.
  26. Refund of security deposit will be initiated to the customers’s bank account within 4-6 Weeks from the date of cancellation request post deducting any outstanding bills.
  27. We currently do not accept cancellation request over the phone verbally, hence a written request via email or a letter is mandatory for cancellation request.
  28. Devices provided at the time of installation should be returned in working condition, in case of damage or missing devices, the customer is requested to pay for the same.
  29. Support is provided at no cost for issues related to FAAST Networks, any local issues like password issues, wifi range, router, lan cable, power adaptor, computer problem is out of scope of FAAST Network support agreement and will attract a nominal visit/service charges.
  30. Speed of the internet connection is guaranteed on LAN cable connected PC only, FAAST Network will not be responsible for speed issues over wifi as this is directly related to the wifi router the customer is using and the environment.
  31. Service may be interrupted due to maintenance or unforeseen events like road digging or other activities impacting our network in the city, in such cases, compensation will be provided to the customers if the outage was more than 24 hours. This is subjected to verification, further the company’s decision will be final and binding.

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OUTOFBOX NETWORKS PRIVATE LIMITED
Fifth Floor, Oneness,
1st Cross, 1st Main, Sadashiv Nagar,
Belagavi, Karnataka: 590 001

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