Terms and Conditions – FiveOptical

Definition’s

“Appellate Authority” means one or more persons appointed as appellate authority under Telecom Consumer Protection and Redressal of Grievances Regulations, 2007(3 of 2007).
“Charges” or “Tariff ” shall include all fees, charges/tariffs, deposits, rentals and interconnection costs and includes any other incidental charges relating thereto chargeable by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED from time to time for providing the customer with the Service/s and shall include all Government levies (present and future).
“Customer” shall mean the individual or entity or person who or which has applied for provision of the Service accompanying CAF.
“Designated Service Provider” shall mean any individual or legal entity designated by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED to provide the Service/s (or any of them) or to discharge obligations hereunder or to exercise FIVEOPTICAL SOLUTIONS PRIVATE LIMITED rights here under and shall include the successor/s and permitted assign/s of such individual or legal entity to the extent permitted under License.
“DoT” means Department of Telecommunications, Ministry of Communications, and Government of India and includes its successors-in-interest.
“Equipment” shall include any instrument, subscriber terminal, network interface unit (NIU) and any attachments/accessories thereto (or any of them), necessary for connecting to the Network in order to avail of the Service/s.
“Government” shall mean Government of India and/or a State Government, any Local Authority, Cantonment Board, Telecom Regulatory Authority of India, Courts of law or other judicial/quasi-judicial forums, as the case maybe, and shall include their successors-in- interest.
“License” shall mean the license granted by DoT to install and operate the Service/s (or any of them).
“Network” shall mean the broadband network and other equipment/software used by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED to provide the Service/s and shall include telephone exchanges, base stations, microwave and land-line links.
“Other Service/s” means any service/s that is additional to the Service/s including but not limited to content and data service/s, billing and collection.
“Service/s” shall mean all the broadband service/s and other value added service/s made available byFIVEOPTICAL SOLUTIONS PRIVATE LIMITED through its Network, including voice communication service/s, and any Other Service/s.
“Service Area” shall mean the geographical area within which FIVEOPTICAL SOLUTIONS PRIVATE LIMITED is licensed to offer the service/s under License.
TRAI means “Telecom Regulatory Authority of India established under the Telecom Regulatory Authority of India Act, 1997.
“TTO” means Telecommunication Tariff Order, 1999 as amended from time to time notified & published in Official Gazette of India by TRAI.
“Working Hours” are defined as 9:30 – 6:30 excluding Saturday, Sunday and Public holidays
“FIVEOPTICAL SOLUTIONS PRIVATE LIMITED” shall mean FIVEOPTICAL SOLUTIONS PRIVATE LIMITED and Designated Service Providers jointly and severally (depending upon the context in which it is used) and shall be deemed to include successors-in interest and assigns of FIVEOPTICAL SOLUTIONS PRIVATE LIMITED and/or Designated Service Providers.

Provisions of Services
1. FIVEOPTICAL SOLUTIONS PRIVATE LIMITED will make best efforts to provide to the Customer the Service/s within the Service Area subject to:
  1. These terms and conditions,
  2. Provisions of the licence,
  3. Any directions or orders or regulations issued by DoT, TRAI, Government, courts, judicial forums and other statutory authorities from time to time, and
  4. Any policies and/or rules/regulations adopted by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED from time to time with regard to operation and maintenance of the Network and provision of the Service/s. FIVEOPTICAL SOLUTIONS PRIVATE LIMITED reserves the right to accept or reject, at its discretion, the Customer’s application for provision of Service/s made vide the accompanying CAF. FIVEOPTICAL SOLUTIONS PRIVATE LIMITED shall orally communicate to the customer, acceptance of the said application.

Service Conditions

The availability, accuracy and quality of the Service/s may be affected by factors outside FIVEOPTICAL SOLUTIONS PRIVATE LIMITED control including but not limited to physical obstructions, availability or performance of network, geographic conditions, topographic layout, weather conditions and other causes of radio interference, non-availability of power or faults or modifications in other broadband networks to which the network is connected, non-receiptor delay in receipt of suitable right of way and damage or modifications to equipment.
The Service/s may be suspended in whole or in part at any time, without notice, if the Network fails or requires modification or maintenance. FIVEOPTICAL SOLUTIONS PRIVATE LIMITED will make all reasonable efforts to minimize the frequency and duration of such events.
The allotment of the Customer ID will be made, and can be changed from time to time, by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED at its sole discretion. Customer shall have no proprietary right or other interest in the ID allotted to the Customer.
FIVEOPTICAL SOLUTIONS PRIVATE LIMITED will not be liable to provide the same ID in case of loss of the Equipment/hardware.
FIVEOPTICAL SOLUTIONS PRIVATE LIMITED has the sole right and discretion to revise the Charges at any time on reasonable notice to the Customer/delivered in such manner as FIVEOPTICAL SOLUTIONS PRIVATE LIMITED deems fit.
FIVEOPTICAL SOLUTIONS PRIVATE LIMITED reserves the right to apply a credit limit and specify other conditions for Charges incurred by the Customer and to demand interim or advance payment or deposits/additional deposits, and to suspend or disconnect access to the Service/s if such limits are exceeded or such conditions are violated.
FIVEOPTICAL SOLUTIONS PRIVATE LIMITED reserves the right to vary the bill cycle for the Charges from time to time.
FIVEOPTICAL SOLUTIONS PRIVATE LIMITED has the right to check the credentials of the Customer including the Customer’s financial-standing and to avail the services of any person or agency for such purposes. Obligation of Infocus Networks to provide the Service/s (or any of them) shall always be subject to verification of the Customer’s credentials and documents and if at any time, any information and/or documents furnished by the Customer is/are found incorrect or incomplete or suspicious, FIVEOPTICAL SOLUTIONS PRIVATE LIMITED shall be entitled to suspend/terminate the Service/s forthwith without any notice.
FIVEOPTICAL SOLUTIONS PRIVATE LIMITED reserves the right to initiate appropriate legal proceedings in case of breach of any of these Terms and Conditions by the Customer (including non-payment of Charges and dishonor of payment instruments furnished by the Customer against his dues).
Any waiver, concession or extra time period allowed or granted by Infocus Networks to the customer is limited to the specific circumstance in which it was given and the same shall not affect FIVEOPTICAL SOLUTIONS PRIVATE LIMITED under these Terms and Conditions.
FIVEOPTICAL SOLUTIONS PRIVATE LIMITED may, without any notice, refuse, curtail, modify, suspend, disconnect or terminate the Service/sin whole or in part at any time if so directed by any statutory authority or judicial forum or without assigning any reason whatsoever.
FIVEOPTICAL SOLUTIONS PRIVATE LIMITED reserves the right to amend these Terms and Conditions (or any of them) and/or to separately specify additional conditions from time to time at its sole discretion without providing any notice to the Customer.
Any and all information (including that pertaining to the Customer or his business) provided by the Customer to FIVEOPTICAL SOLUTIONS PRIVATE LIMITED or gathered by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Pvt Ltd independently of the Customer may be disclosed by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Pvt Ltd to any statutory authority or any other entity/individual whether or not FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Pvt Ltd provides the Service/s to the Customer.
FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Pvt Ltd shall be entitled to adjust/set-off deposits/payments made by the Customer against any Charges outstanding towards FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Ltd. Similarly, FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Pvt Ltd shall be entitled to adjust/set-off any amounts payable/ refundable by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Pvt Ltd to the Customer against any amounts which, in the opinion of Infocus Networks Pvt Ltd, are payable by the Customer to FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Pvt Services or on any other account whatsoever. Such adjustments/set-offs may be made by way of deductions and/or forfeiture of any deposits/additional deposits/advances and/or any other manner as FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Pvt Ltd may, at its sole and absolute discretion, deem fit.

Obligations of the Customer
1. The customer shall be liable to make payments for the service/s on the following basis;
  1. Payments of charges may be made by cash, credit card, crossed cheque, crossed demand draft, or any other mode specified by Infocus Networks from time to time. Payments made by cheque are valid subject to realization. FIVEOPTICAL SOLUTIONS PRIVATE LIMITED shall not be liable for loss of cash or payment instrument unless FIVEOPTICAL SOLUTIONS PRIVATE LIMITED has issued a receipt for the same to the Customer;
  2. The Customer shall be liable to pay penal charges/fees as may be specified by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED in case of dishonor of any payment instrument furnished by the Customer besides legal action;
  3. The Customer shall not use or cause or allow others to use the service/s for any improper, immoral or unlawful purpose including in any manner, which may jeopardize, affect or impair the operation of the Network and/or provision of the Service/s to the Customer of other Customers of FIVEOPTICAL SOLUTIONS PRIVATE LIMITED or cause public or private nuisance.
  4. The Customer shall use only the Equipment approved for use with the Network by DoT, Government and/or FIVEOPTICAL SOLUTIONS PRIVATE LIMITED. The Customer shall not without the prior written consent of FIVEOPTICAL SOLUTIONS PRIVATE LIMITED, install or attach any attachments to the Equipment used/to be used for availing the service/s. The Customer shall not use the Equipment belonging to Infocus Networks except for the purposes of availing the Service/s.
  5. The Customer shall comply with all applicable laws, rules and regulations, any instructions issued by the Government, DoT or Infocus Networks concerning the Customer’s use of the Service/s and procurement of the Equipment including but not limited to relevant tax laws and import control regulations.
  6. The Customer shall not open; repair, replace parts of or otherwise tamper with the Equipment except as maybe specifically permitted in writing by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED. The safety of the equipment shall be the responsibility of the Customer. The Customer shall inform Infocus Networks immediately and confirm the same in writing if the Equipment is lost, stolen or damaged. Notwithstanding the preceding clauses, the Customer shall remain liable for all charges incurred until the Service/s provided via the Equipment are de-activated. In such an event, the Customer shall also be liable to make good the loss suffered by Infocus Networks as a result of loss, theft or damage to the Equipment.

Validity
1. These Terms and Conditions shall be subject to the provisions of Indian Telegraph Act of 1885,Telecom Regulatory Authority of India Act 1997, the rules and regulations framed hereunder and other statutes, regulations and rules as prevailing and applicable from time to time besides any other directions/orders from any courts, tribunals, statutory authorities.

Limitation of Liability
1. FIVEOPTICAL SOLUTIONS PRIVATE LIMITED does not guarantee uninterrupted or fault-free working of the Network or the Service/s or Equipment or Software and shall not be liable to the Customer or to any user or other person for injuries or damages or death resulting from operation of the network/Service/s/Equipment/Software arising due to any events (including but not limited to fire, explosion, war, riots, strikes, lockouts, picketing, boycotts, acts of government authorities, Act of God and causes originating in the facilities or operations of other telecom or allied service providers).
2. FIVEOPTICAL SOLUTIONS PRIVATE LIMITED shall not be liable to the Customer for any loss, costs or damage whatsoever or howsoever caused, arising directly or indirectly in connection with the Equipment or Service/s.
3. Notwithstanding the generality of (b) above, FIVEOPTICAL SOLUTIONS PRIVATE LIMITED expressly excludes liability or itself and for its Directors and its employees for direct or indirect consequential loss, damage, economic or otherwise, including loss of profits and loss of reputation even if advised of the possibility thereof. FIVEOPTICAL SOLUTIONS PRIVATE LIMITED expressly excludes liability for libel and/or slander arising out of a message or content received or sent by the Customer via the Network.
4. FIVEOPTICAL SOLUTIONS PRIVATE LIMITED may at its discretion, send to the Customer through the customer’s equipment various information for the Customer using electronic media or otherwise.
5. In the event that any exclusion contained in these Terms and Conditions shall be held to be invalid for any reason, and Infocus Networks becomes liable for loss or damage that it may otherwise not have been liable for, such liability shall be limited to refund of any deposits furnished by the Customer after adjusting the Charges due by the Customer.

Limitations and Liabilities of customers
1. The Customer shall furnish correct and complete information and documents as required by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED from time to time.
2. The Customer shall remain liable for the Charges pertaining to the period of provision and suspension of service/s and thereafter until payment in full is made.
3. The Customer shall inform FIVEOPTICAL SOLUTIONS PRIVATE LIMITED, in writing, of any changes in the billing address. Any written communication, bill, billing statement or notice issued by or behalf of FIVEOPTICAL SOLUTIONS PRIVATE LIMITED to the Customer will be deemed as served within 48 hours of posting by ordinary mail.
4. The Customer shall not assign any right or interest in the Service/s provided under these Terms and Conditions without FIVEOPTICAL SOLUTIONS PRIVATE LIMITED prior written consent.
5. The Customer shall not transfer or dispose-off or create any lien or encumbrance in respect of equipment belonging to FIVEOPTICAL SOLUTIONS PRIVATE LIMITED .The Customer shall follow the processes specified by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED from time to time with regard to the Service/s.
6. The Customer shall inform FIVEOPTICAL SOLUTIONS PRIVATE LIMITED in writing about any deficiency in Service/s within 7 days of occurrence of such deficiency. Infocus Networks shall, upon receipt of complete information about such deficiency, endeavour to get the deficiency rectified.
7. The Customer shall permit FIVEOPTICAL SOLUTIONS PRIVATE LIMITED and/or its authorized representatives to enter into and remain upon Customer’s premises to install, activate, repair, de-install and recover the Equipment used/to be used or availing the Service/s and the Customer shall at no cost to Infocus Networks, appropriate approvals and consents from third parties wherever necessary for the foregoing purposes.
8. The Customer shall hand over to FIVEOPTICAL SOLUTIONS PRIVATE LIMITED, possession of Equipment belonging to FIVEOPTICAL SOLUTIONS PRIVATE LIMITED, which is/was delivered to the Customer or at the Customer’s premises at any point of time, consequent to termination/ disconnection of Service/s.
9. The Customer shall ensure that the Equipment used for availing the Service/s is not moved or shifted from the premises of installation except with the prior written consent of and after complying with the conditions specified by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED.
10. The Customer should, if necessary, provide power supply for the functioning of the Equipment. The safe-keeping and protection of Equipment shall be the Customer’s responsibility.

Shifting of premises:- Where customer wants to shift in the same premise. Charges Payable and documents required to be submitted by such customers are hereunder:-
1. In respect to the same, Subscribers can call the Customer Care Call Center and register their request for relocation of connection. Our Field Staff shall get in touch with the Subscriber to collect the written request, relocation charges of INR 300 and valid address proof for the new location.
2. The relocation will be done subjected to feasibility and the changed address shall reflect from the next bill.

Suspension/Disconnection/Termination:
1. Notwithstanding anything contained herein, FIVEOPTICAL SOLUTIONS PRIVATE LIMITED shall be entitled to suspend/disconnect/terminate the Service/s (whether fully or partially and whether temporarily or permanently) if:
  1. The Government or the Authority either suspends, terminates or takes over the License or the Service/s temporarily or otherwise;
  2. At any time the Customer fails to satisfy the requisite credit checks or provides incorrect or misleading information (whether or not with a fraudulent intent);
  3. The Customer fails to pay Charges due;
  4. The Customer is in breach of any other provision of these Terms and Conditions.
  5. The provision of Service/s (or any of them) to the customer adversely affects the Network or Equipment of FIVEOPTICAL SOLUTIONS PRIVATE LIMITED or the provision of Service/s to other customers or if any approvals/consents/permits which are necessary for facilitating provision of the Service/s to the Customer are revoked, discontinued or suspended;
  6. If the Government or Authority requires any of these Terms and Conditions to be revised in such a way as to cause significant adverse consequences to FIVEOPTICAL SOLUTIONS PRIVATE LIMITED.
  7. Termination/ Disconnection/Suspension of the Service/s pursuant to any provisions set forth herein shall be without prejudice to, and in addition to any right or remedy available to FIVEOPTICAL SOLUTIONS PRIVATE LIMITED under any applicable law or statute.
  8. In the event of the termination/disconnection/suspension of the Service/s for any reason whatsoever, FIVEOPTICAL SOLUTIONS PRIVATE LIMITED shall be entitled to recover all outstanding Charges.
  9. Any reconnection of Service/s shall be done at the sole discretion of FIVEOPTICAL SOLUTIONS PRIVATE LIMITED and upon payment of charges and fulfilment of other conditions as specified by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED
  10. Customer shall remain liable for the Charges during the period of suspension of Services.

Modes through which a customer can communicate her/his complaints
1. Call Centre – A number where a customer can call any time of the day. The customer will register the complaint and Customer Care will provide Customer with a unique complaint identification number called ticket number, date and time of registration of complaint and also feedback, on the time within which complaint would be resolved, will be provided to the customer. Where the complaint relates to the disruption of services and/or disconnection of services, it shall be redressed within 3(three) days from the date of registration of complaint. Where the complaints relates to any other grievance other than the type of complaint mentioned herein above, all such complaint shall be redressed within 7(Seven) days from the date of registration of complaint.
2. Emails – Customers can also e-mail their complaint. On the receipt of such complaint through email, complainant will be intimated its unique complaint number (ticket number), which will be communicated within 4 (Four) hours of receiving the complaint and, will also feedback, on the time within which complaint would be resolved be provided to the customer.
3. Walk-in outlets – All complaints will be resolved within 3 (Three) days of receipt. Billing complaints may take maximum take up to 4 weeks to be resolved. In case the problem is not resolved within the stipulated time or the customer is not satisfied with the resolution provided he/she may escalate the complaint to the Nodal officer via. Email, phone call or web based online filing of complaint or through other electronic means. Customer will get a revert regarding the complaint number within 3 days and the resolution within 10 (ten) days from the date the complaint was registered with the Nodal officer. However, in case of complaints related to fault or disruption of service or disconnection of service shall be redressed within 3 (three days) from the date of registration of complaint. The Nodal officer shall after taking the remedial measure for redressal of the grievance or decision thereon, intimate within the time limit specified above, the remedial measure or decision taken, to the customer. In case the customer is not satisfied with the redressal of his grievance by the nodal officer or his complaint remains to be redressed or no reply is received within the abovementioned specified period, such consumer may, inwriting, make an appeal to the Appellate Authority (to be appointed by FIVEOPTICAL SOLUTIONS PRIVATE LIMITED)for redressal of his grievance. Every appeal to the Appellate Authority shall be made in duplicate. Every such appeal shall be filed within 3 months after the expiry of the time limit of 10 days. Provided that the Appellate Authority may entertain any appeal after the expiry of the three months but before 1 year from the time limit specified if it is satisfied that there was sufficient cause for not filing it within that period. The Appellate Authority shall decide every appeal within 3(Three) months from the date of filing the appeal pass an order for disposal of the appeal. FIVEOPTICAL SOLUTIONS PRIVATE LIMITED shall, within 15 (Fifteen days) from the date of the receipt of the order, comply with the order of Appellate Authority and report immediately compliance thereof to the Appellate Authority. For details on TRAI Regulation on Consumer Protection you may visit TRAI website at: www.trai.gov.in

Terms and Conditions Use of services of FIVEOPTICAL SOLUTIONS PRIVATE LIMITED

The company (FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Pvt Ltd) is a Category–“B” licensed Internet Service Provider.
The Company hereby agrees to supply broadband/high speed Internet access and services (“the Services”) to the Customer on the terms & conditions mentioned herein.
In case a customer avails of any Services online, the terms & conditions mentioned there-in in addition to the following will apply.
The commissioning of services is subject to technical feasibility of the connection and realization of payment. The Company shall not be responsible for any direct, consequential or other loss incurred or suffered by the subscriber due to delay in installation or commissioning of service. The company will refund payments received in the event of non-feasibility.
Service entitlements of the Customer under the chosen service Plan will be as applicable under the said Service Plan on the date of this agreement. The company however at its sole discretion shall be entitled to amend or modify the service.
The connection should be used for the purpose of subscription and the Customer cannot use the services for any other purposes.
All the terminal apparatus, including but not limited to cable modem, drop cable, Ethernet card, if any, and any accessories (“Equipment”) installed within or appurtenant to the premises of the Customer in relation to the Services shall remain the property of the Company unless expressly transferred to the Customer in writing through a separate Bill of Sale of Transfer. However, the Customer shall be responsible for the safety and care of the said Equipment and shall not damage, alter or remove the same without the written consent of the Company. The Customer shall make good on demand any damage which may be caused to the Company by breach thereof and for this purpose can deduct the amounts from the security deposit, without prejudice to any other remedies that company may have. In case of modem/device or any other hardware has been sold to customer, it will not be returnable on becoming non-functional or any other ground. The Company carries no guarantees/warranties for supply of such hardware. In case customer decides to get hardware repaired through Company, the cost of repair would be borne by customer at actuals.
The Customer undertakes that the Equipment’s shall at all times remain in the custody of the Customer at the premises at which the connection has been given by the Company, and shall be used only to receive the Service and for the manner authorized under this Agreement and no other purpose.
The Company is merely the supplier of the Equipment and not the manufacturer, the Company makes no warranties of any kind, express or implied, in respect to the same and also disclaims any warranty or merchantability and/or fitness for a particular purpose, warranties in relation to the Equipment will be made by the respective manufacturers of the Equipment.
Payment can be made by way of A/c Payee cheque/Online/DD or Pay Order drawn on any local bank in favour of “FIVEOPTICAL SOLUTIONS PRIVATE LIMITED Pvt Ltd”.
Upon reaching of the expiry conditions, services shall be suspended. However, the customer can get the services reactivated, by subscribing to any applicable Renewal Pack.
The Company shall levy taxes on the prices payable by the Customer as specified by the prevailing tax norms of the Government.
The Company takes no responsibility whatsoever for the content on the Worldwide Web, or access of any content whatsoever by the Customer or any other person using the Service.
The company is not responsible for any commitment, representation or offering by the distributors or channel partners or dealers and the customer are advised to check back with the company in case of any doubt or any commitment etc received from anyone with regard to services of company.
The Company will endeavour at all times to maintain an adequate and reasonable quality of the Service. However the availability and quality of service may be affected by factors outside the Company’s control such as physical obstructions, geographic weather conditions and other causes of electronic/electrical interference or faults in other telecommunication networks or availability of poles to which the Network is connected or on which network is built-up and shall not be liable for any consequences arising thereof including but not limited to damage to customer’s PC or any other input or output devices of any types of kind connected to it or any other property. Also, the Company makes no representation or warranties as to the continuity or availability or quality of the Services. The company shall not be obliged to grant any service credit for disruption of services due to any reason outside its control.
The Company makes no warranties on the Services provided herein, whether express or implied, including but not limited to warranties of title, non-infringement of any intellectual property rights or implied warranties of merchantability or of fitness for a particular purpose. No advice or information given by the Company, its affiliates or their respective officers, employees or agents shall create a warranty. The Company makes no warranty that the Services will be uninterrupted or error free or that any information, software or any other material accessible on the Service is tree of viruses, works, trojan horses or other harmful components and shall not be responsible for any consequences arising thereof. The Company shall not be liable to the Subscriber/Customer for any loss or damage whatsoever or howsoever, monetary or non-monetary caused or suffered, directly or indirectly, inducing and without limitation, as a result of delay in installation, non-availability or disruption in services, loss of data, interruption or stoppage to the Customer’s access to and/or use of the internet/website/s, interruption or stoppage of services due to any technical or non-technical reason, non-availability of connectivity between the customer and the Company, ill or faulty workmanship or error in network architecture. Company’s sole obligation and the Customer’s sole and exclusive remedy in the event of interruption of services by any of the means mentioned in this terms & conditions shall be to use all reasonable endeavours to restore the services as soon as reasonably possible.
The Company reserves the right to confirm or verify the information/details given by the Customer in this agreement at any other time directly or through its agents and/or associates, and may require the Customer to produce proof as necessary and applicable to substantiate such information/details.
The Company retains the right to withdraw or terminate the Service without notice in the event of:
1. Wrongful, malicious or fraudulent representation by the Customer in respect of the details required by the Company for provision of services to the Customer.
2. Non-payment of dues by the Customer in respect of installation charges, hire or purchase cost of modem or other accessories, monthly subscription charges and/or fees, dishonour of cheque issued by the customer. The company reserves the right to levy penalty for cheques dishonoured, at the time of restoration of service.
3. Use of the services by the Customer for, or permission given explicitly or implicitly by the Customer, or negligence by the Customer leading to, illegal, malicious or immoral purposes.
4. Use of the service for gambling, solicitation, email attacks or denial of service attacks on any party or server, wilful transmission of viruses, malicious or nuisance emailing or messaging, diffusion of immoral or pornographic material, commercial fraud, breach of copyright, breach of law and/or other offences.
5. Any attempt by the Customer or his/her/their associates to pass themselves off as agents, vendors, retailers, cybercafés or business associates of the Company unless expressly authorized in writing by the Company to do so.
6. Resale or unauthorized additional connections from the connection supplied hereby to the Customer.
7. Any breach of the terms of this Agreement by the Customer.
8. The Company reserves the right to suspend the Services during technical failure, modification or repair, or testing of the Services or the Network.
9. The Company reserves the right to terminate the services at any time without assigning any reason by giving 30 days prior notice to the subscriber.
10. Post termination and/or suspension of Services, the Company will not be responsible to return or provide access to the Customer for any data of the Customer, whether or not stored in the Company’s network or systems.
11. All terms of services by the Company shall be subject to the license conditions as stipulated by the Government of India and/or Telecom Regulatory Authority of India from time to time.
12. The customer shall be solely responsible for provision of PC with configuration to stilt the requirements of the service opted for.
13. The Customer shall not use any hardware or software which is identified by the Government as unlawful or which would or does have the potential to render the network security vulnerable.
14. The Customer is required to fully comply with the laws of India and more particularly the Information Technology Act, 2000, the Indian Telegraph Act 1855, the Copyright Act, 1956 the Trademark Act, 1958 and the rules made thereunder and any amendments or replacements made thereto from time to time.
15. The company accepts no responsibility or liability whatsoever for commercial transaction of any nature including bookings, purchases, contracts or agreements entered into over me Internet by the Customer or any person or firm using the connection of the Customer.
16. Customer will be responsible and liable for/and will indemnify the Company in respect of liability for any and all use of the Customer’s account and all actions and costs incurred and for all use of the Services accessed through the Customer’s account or otherwise by virtue of the provision of the Services to the Customer including but not limited to claims for defamation, infringement of copyright or any other intellectual property rights or for misuse of the service and any breach or non-observance of any term of this Agreement by the Customer.
17. The Company shall not be liable for any failure or breakdown in the service or any loss or damage caused to the Customer due to war, hostilities, acts of terrorism, riots, strike, lockout, civil commotion, earthquake, lightning, flood, accident, fire or explosion, act of god, governmental acts, regulations or direction sanction or any other cause not within control of the Company.
18. The Customer and the Company agree that this Agreement has been duly authorized and executed and is valid and binding and is enforceable in law in accordance with its terms.
19. In the event of any question, dispute or difference arising out of or in relation to provisions of the Services, the same shall be referred to arbitration. The arbitration shall be governed as per the Arbitration and Conciliation Act, 1996. Pending resolution, the Customer will be liable to continue to pay the charges for the Services. The arbitration shall be held in Mumbai. Costs of the arbitration are to be borne by the Customer and/or the company as decided by the arbitrators. The award of such arbitration shall be final and binding on both parties.
20. In relation to any arbitration under the terms and conditions herein, the courts of Mumbai shall have exclusive jurisdiction.
21. The customer agrees to receive service balance and other informative SMS sent by the Company from time to time on his/her mobile phone.
22. The Company reserves the right to modify, alter, change or amend any or all of the terms and conditions contained hereinabove from time to time, without any intimation to customer, by way of updating the same on the website of the Company.
23. The services could get suspended prior to due date, on usage amount reaching the amount equivalent to credit limit set by the company.
24. The above terms and conditions are subject to review from time to time, altered, modified and updated terms and conditions will be intimated by listing the same on website www.FIVEOPTICALSOLUTIONS.COM

Please Note: It will be the responsibility of the customer to verify the identity of salesman/agent before handing over of money particularly in case of cash payment. In case of any doubt regarding the salesman or price of plan, please confirm the same with our Customer Care (number for the same are mentioned in the website). FIVEOPTICAL SOLUTIONS PRIVATE LIMITED will not be responsible for providing service in case of non-receipt of money at its office.

Please ensure that your PC is configured and Lan Card is made available to ensure connectivity.
Connectivity speeds depend upon the WEBSITES accessed & are not NETWORK DEPENDANT.