DVOIS BROADBAND Citizen s Charter

Transcription

1 DVOIS BROADBAND Citizen s Charter (a) Name and address of the service provider DVOIS BROADBAND PRIVATE LIMITED. #70, 2 nd Floor, 9 th Main, HMT Main Road, Mathikere, Bangalore Tel No: /99 (b) Services offered by the service provider, including the details of geographic areas where such services are available Broadband Service via License no /07-LR dated 23/04/2008 Details of geographic area Annexure 1 (c)terms and conditions of service offered by the service provider - TERMS & CONDITIONS: The under mentioned terms and conditions apply to all telecom services provided by D-Vois Broadband Private Limited DEFINITIONS 1. D-VoiS Broadband Private Limited or D-Vois or I-on means a company incorporated under the provisions of Companies Act, 1956, having it s registered office at # 70, 2nd Floor, 9th Main, HMT Main Road, Mathikere, Bangalore I-ON is the registered brand of D-VoiS Broadband Private Limited, under which the services provided. 3. 'Customer Premises Equipment' or 'CPE' shall mean and includes the telephone instrument, modem, routers, batteries, all softwares, hardware and any other equipment / accessories included with it and supplied (but not sold) by I-ON. 4. 'Customer Equipment' shall mean any equipment not provided by I-ON. 5. 'Network' shall mean I-ONs network through which services are or would be made available to the Customer. 6. 'Relationship Period' shall mean the period commencing upon activation of the Services and shall run in concurrence with the licences agreement under which I-ON is authorised to provide Services within the Network (license Agreement), unless otherwise terminated. 7. 'Services' shall mean all telecom services provided by I-ON to its Customers which, interalia, shall include Telephone, internet value added services (VAS) and/or any supplementary/additional services made available to the Customer.

2 8. 'Customer' shall mean a person (including any entity or association of persons) who has subscribed to the Services after completing the required formalities i.e. making necessary payments etc. and gets activated on I-ON's network. Mere execution of the SAF shall neither constitute a person to be a customer / subscriber or consumer of I-ON. 9. 'Subscriber Application Form' or 'SAF' shall mean the non transferable form appended herewith, which has been filled and executed by the Customer for subscribing to the Services. 10. 'Tariff' shall mean all the rates, fees, charges, levies etc. and related conditions including but not limited to activation fee, usage charge, deposits, advances and service charges including service tax and any other statutory outgoings under the tariff schedule as notified by I-ON for providing Services. 1. RESERVATIONS I-ON reserves the right. 1.1 To seek and/or verify the particulars including financial information provided by the Customer, either by itself or from independent sources; 1.2 To reject any SAF, in case the particulars provided therein are incomplete, incorrect or for any other legally just and valid reason. The information provided by the Customer/gathered by I-ON shall become I-ON's property even if SAF is rejected and I-ON may use the said data for any lawful purpose, subject to the applicable laws and regulations. 1.3 To amend the present Terms and Conditions for the proper provisioning of Services or to comply with the applicable laws and regulations. 2 SERVICES 2.1 Services will be provided within a reasonable time on receipt of duly completed SAF, I-ON will use all reasonable endeavors to provide and maintain Service(s) during the subscription Period. 2.2 I-ON has the right to predetermine, prefix or re-fix the credit limit for the usage of Services availed by the Customer based on its internal credit rating. In the event of exceeding of the credit limit, the Customer shall be liable to make interim payment forthwith for the Services availed including rentals failing which I-ON reserves the right to totally or partially disconnect/suspend the Services. 2.3 Quality, functionality and/or availability of the services, may be affected and I- ON, without any liability, whatsoever, is entitled to refuse, limit, suspend, vary or disconnect the Services, at anytime, for any reasonable cause, including, but not limited, to the following:-

3 2.3.1 Any/all applicable rules, regulations, orders, directions, notifications, License Agreement conditions etc. issued by the Government/Telecom Regulatory Authority of India (TRAI) Any discrepancy in the particular(s) provided by the Customer If the Customer is in the default (including past defaults) in making payment for the Services or for any other telecom services or for any other telecom service provided by I-ON During technical failure, modification, up-gradation, variation, relocation, repair and/or maintenance of the systems/equipment To combat potential fraud, sabotage, willful destruction, national security or for any other force majeure reasons etc Transmission limitations caused by topographical, geographical, atmospheric, hydrological and /or mechanical or electronic constraints/limitations and/or availability of suitable cell-sites If services are used in violation of any law, rule/regulation Interconnection failure between I-ON and other service provider (s) Any other reason which is found to be reasonable by I-ON warranting limiting/suspension/disconnection of Services. 3. BILLING, PAYMENT AND SECURITY DEPOSIT 3.1 I-ON shall bill the Customer as per the billing cycle which shall run on a frequency as may be decided by I-ON from time to time. Taxes shall be as per applicable law. 3.2 Customer shall pay the subscription amount in advance as these are pre-paid services. 3.3 No payment are to be made in cash except to authorized with valid id proof and against issuance of payment receipt. Cheque should be account payee cheques drawn in favour of D-Vois Broadband Private Limited A/c 3.4 Customer shall deposit, such amount as interest free security deposit, as may be determined by I-ON, I-ON reserves the right to forfeit/adjust/apply the said security deposit in full or in part satisfaction of any sum which may be due from the Customer to I-ON at anytime Customer shall continue to be liable for balance, if any I- ON may call for additional security deposit for services, made available to the Customer.

4 3.5 I-ON, in accordance with TRAI guidelines/rules/regulations is entitled to charge, vary, add, withdraw any services and/or to vary the tariff on these services and/or make any Service chargeable which is not initially or at any stage chargeable. 3.6 Upon delay / non-payment of bills beyond the due date or non-deposit of any applicable fee, charge or deposit, or any increase thereof, I-ON reserves the right to totally or partially disconnect the Services of such Customer. For restoring the Services, the Customer shall have to apply for re-activation of the connection, after making the due payment and the applicable restoration charges. 3.7 I-ON will not be liable for Customer equipment being faulty / incompatible, Customer must pay all the dues in full, without any deduction, set-off or withholding. 4. CUSTOMER'S OBLIGATIONS 4.1 If the CPE is lost or stolen, the Customer shall forthwith inform I-ON. This notification shall authorize I-ON to suspend all or any part of the Services and/or disconnect the Services. However, the Customer shall be liable for all charges incurred before such notification and suspension of Services by I-ON, I-ON, reserves the right to charge reasonable amount as CPE replacement charges from the Customer. 4.2 Customer shall not use the Services for any unlawful, immoral or abusive purposes in violation or derogation of any law/rule or regulation or statutory directive or order for the time being in force or against any public policy or for sending / receiving obscene threatening, harassing messages/communications or sending message or communications that affect national interest, or create any damage or risk to I-ON or its Network/equipments/call centre and/or other Customer(s). Any violation or misuse by Customer shall under no circumstances be attributed to I-ON and the Customer shall be solely responsible for all such acts or omissions. The customer hereby agrees to indemnify, held D-Vois Broadband Private Limited harmless against any claims including any claims arising by anyone else using the telephone facilities availed by the customer. 4.3 Customer shall intimate I-ON about change in address, if any, in writing along with such proof, as may be deemed necessary by I-ON. 4.4 The services shall not be shared, sublet or assigned by the Customer or used for any purpose other than those approved by Supplier in any manner. It is hereby expressly clarified and the Customer understands that the granted service is for the benefit and bonafide use of the Customer. 4.5 Customer shall not employ bulk encryption equipment in the network. Any encryption equipment are to be deployed for specific requirements Customer shall do so with the prior evaluation and approval of Government Authority specifically designated for the purpose. Customer is permitted to use encryption upto 40 bit key length in the RSA algorithms or its equivalent in other algorithms without having to

5 obtain permission. However if higher encryption levels/ equipments are to be deployed, Customer shall do so with the permission of the Government Authority and deposit the decryption key, split into two parts, with the Government Authority. 5. CONFIDENTIALITY Privacy of communication is subject to the terms of the license agreement of I- ON with DoT and other statutory and regulatory notification/directives etc. The Customer specifically agrees that in order to facilitate I-ON to provide Services. I-ON may be required to disclose any information or particulars pertaining to the Customer to any authority, statutory or otherwise, including but not limited to any debt collection agency, credit reference agency, security agency, and reserves the right to comply with the directions of such authorities at its discretion and without intimating the Customer. 6. OWNERSHIP 6.1 The Customer shall have no title and/ or ownership and / or interest in the CPE and therefore shall not be entitled to transfer/assign/lease and / or otherwise part with the same under any circumstance. The ownership and effective control over the CPE shall always remain with I-ON. The Customer shall return the CPE immediately on termination of the subscription Period. The Customer shall not claim any charge or lien on the CPE, even if any dispute is pending between the Customer and I-ON. Customer shall be responsible for the maintenance and upkeep of the CPE subject to normal wear and tear. 6.2 All CPE, provided (but not sold) by I-ON shall always remain absolute property of I-ON The Customer shall only have use the custody of the equipment or other equipment/accessories during the enrolment period. 6.3 The CPE has been provided to the Customer in order to facilitate I-ON to exclusively use the same for rendering its Services. The Customer shall not deal with the CPE independent of I-ON in any manner whatsoever. 6.4 Customer shall neither shift the CPE nor transfer the same in any manner. In case the Customer fails to comply with the terms and conditions of enrolment I-ON reserves the right to lift or remove the CPE from the Customer's premises and terminates the enrollment without any liability whatsoever on its part. 6.5 Further, acceptance of bill payments by I-ON from a person other than the Customer does not mean acceptance of transfer / assignment / lease of any rights or obligation of the Customer to such person making the payment. 7 DISCLAIMER OF LIABILITY

6 7.1 I-ON makes no express or implied warranty, guarantee, representation or undertaking whatsoever regarding the Services, which are not expressly mentioned herein. 7.2 I-ON shall not be responsible for any acts or omissions of any third party including franchisees / dealers / distributors / retailers etc., with regard to scheme(s) which are not expressly authorized by I-ON. 7.3 I-ON shall not be liable to the Customer if any delays, loss of business, profit, revenue or goodwill, anticipated savings, use of contracts, damages, fees costs, expense, orders, judgement, etc. or for any indirect or consequential loss, howsoever, it arises for or account of unavailability / usage of Services or otherwise. 7.4 I-ON shall not be liable to the Customer for injuries or damages resulting from omissions, interruptions, delays, errors in transmission, failures or defects in equipments, or any other cause including but not limited to the failure to transmit, which are connected with incidents of fire, explosion, war, riots, strikes, lockouts, picketing boycotts, and cause originating in the facilities or operations of other telecom or allied service providers and other reasons or causes beyond the control of I-ON or for any reason whatsoever. 7.5 The terms and conditions herein shall be subject to the notifications / guidelines issued by TRAI and DoT, from time to time. 7.6 The Service shall be used only for the purposes specified by the Customer in its application and shall not be used for or connected to any telecommunication service including Public Switched Telephone Network (PSTN)/ Public Land Mobile Network (PLMN) or any other services of whatsoever nature unless otherwise permitted by the Government Authority with specific approvals/ licenses. In case the Service is found to have terminated on a PSTN/ PLMN at either end other than as mentioned above, Customer understands and agrees that Supplier shall be entitled to terminate the Service and collect financial penalty as levied by the Government Authority. Such charges shall become due and payable by the Customer to Supplier within 5 (five) working days of the termination of the Service. Supplier shall also, at its sole discretion, be entitled to disconnect the circuit with immediate effect. 7.7 As per the notification issued by the Department of Telecommunications vide No 18-1/BS II dated 19th April, 2006, it is now permissible to the logical partitioning of EPABX for termination of leased lines / PSTN / PLMN network such that there is no misuse in any manner including bypass of International Long Distance Traffic between customer s private network & Basic Service Operator (BSO) / Mobile Service Operator (MSO) PSTN and Access Deficit Charges thereof. However, this shall be subject to additional terms and conditions to be complied with by the Customer separately. 7.8 As per the notification issued by the Department of Telecommunications vide No.820-1/04-LR dated 7th February, 2007, Services cannot be used for Call Centre/

7 Other Service Provider (OSP) operations without registration with the Department of Telecommunications as a Call Centre/ OSP. Customer who wants to take the services for Call Centre/ OSP operations need to submit Call Centre/ OSP license or registration copy to the Supplier; 8 ADDITIONAL T&Cs FOR TELE MEDIA SERVICES 8.1 The internet / Broadband speed available to the Customer is the maximum prescribed speed for which the Customer is entitled and I-ON does not hold out any assurance that the said speed shall be maintained at all times and the same may vary depending upon the network congestion, technical reasons or any other unavoidable circumstances. 8.2 It is clearly understood that installation of internet / broadband services require several vital and time consuming activities, inter-alia, including laying down of cables, proper wiring of the area, other technical requirements etc. and therefore I- ON does not prescribe or hold out any fixed time line after execution of the SAF, during which the said Services shall be activated I-ON shall endeavour to activate the Service within reasonable time and it is expressly agreed that the person executing the SAF shall not be entitled to raise any claim or action or damages of whatsoever nature on account of delay in activation of Services and the Customer shall only be entitled to refund of the initial amount paid by the Customer. 9 The validity, construction and performance of the terms and conditions of the SAF shall be governed by and interpreted in accordance with the laws of Republic of India. The courts at Bangalore, Karnataka shall have exclusive jurisdiction in respect of the subject matter of this SAF. 10 The parties have fully read and the contents of the terms and conditions have been explained in vernacular. Verbatim and upon understanding, have signed the SAF as a token of its acceptance/consent and further with a clear understanding that it is valid and binding document on both the parties and can be enforced in the Court of Law. 11. Cheques/DDs/transfer should be made in favour of D-Vois Broadband Private Limited A/c (d) Quality of Service parameters specified by the Authority in respect of each of the services Dvois follows the TRAI regulations on Quality of Service (QoS) and benchmark standards, including time frames, defined therein. These are listed in Annex-II.

8 Presently, DVOIS is meeting most of benchmark standards specified by TRAI and its services are comparable to other telecom service providers. (e) Quality of Service promised by the service provider in respect of each service and geographic area Annexure II (f) Details about equipment offered to the consumer by the service provider in respect of any of the services - Equipment means any and all devices supplied by the Dvois Broadband private limited that are used to deliver the service Provider Services, including but not limited to all terminal and other equipment, wires, fiber optic cables, lines, circuits, ports, routers, switches, cabinets, racks,private rooms and the like. Equipment shall not include any such devices sold to customer by the service provider or owned by the customer. (g) Right of consumers under the different regulations, orders and directions issued by the Authority; and in particular those relating to Tariff and Value Added Services (VAS); (h) the duties and obligations of the service provider under the different regulations, orders and directions issued by the Authority; and in particular those relating to Tariff and VAS details are already provided in terms and conditions of service (i) General Information Number Toll free number Other contact no: and / (j) Consumer Care Number - Toll free number Other contact no: and / (k) Complaint redressal mechanism, including complaint redressal procedure and the time limits for redressal of complaints Call centres : Dvois customer can also book its complaint on Dvois call centre numbers, i.e. In case the complaint is not resolved within specified time-limit of 3 days from date of booking of complaint on call centre, the complaint can accelerate his complaint to Nodal officer and thereafter to Appellate Authority as per Three Tier Institutionalized Grievances Redressal Mechanism under Telecom Consumer Protection and Redressal of Grievances Regulations, 2007 (3 of 2007) issued by TRAI.

9 List of Nodal Officers and Appellate Authority of Dvois are given below. Time-limits for resolution of grievance at Call centre, Nodal Officers and Appellate Authority as per existing TRAI regulation a) Call Centre of concerned Service Provider (Time limit: 3 days) b) Nodal Officer of concerned Service Provider and (Time limit: 10 days) Mr. Firoz Shah Mr. Shivguru Nainar Shop No , Landmark CHS, Sec-14,Nr Gavdevi Mandir, Vashi, Navi Mumbai Tel No: Id: aauthority@i-on.in c) Appellate Authority within the company of Service Provider (Time limit: 3 months) (l) , contact address, telephone number and facsimile number of the Appellate Authority and time limits for disposal of appeals; Mr. Firoz Shah Mr. Shivguru Nainar Shop No , Landmark CHS, Sec-14,Nr Gavdevi Mandir, Vashi, Navi Mumbai Tel No: Id: aauthority@i-on.in (m) Procedure for termination or disconnection of each service offered by the service provider by customer at present (n) any other information that may be specified by the Authority from time to time. (2) The Citizen s Charter shall be prepared in English and the local language of each service area. (3) The Citizen s Charter shall be available for reference at every office of the service provider, Complaint Centre, at the sales outlets and on the website of the service provider.

10 (4) A copy of the Citizen s Charter or its abridged version containing salient features such as terms and conditions of service, the Consumer Care Number, the General Information Number, contact details of Complaint Centre and the Appellate Authority, procedure and time limit for redressal of complaints and disposal of appeals shall be provided by the service provider to each consumer at the time of subscription for service. (5) A copy of the Citizen s Charter shall be filed with the Authority within sixty days from the date of commencement of these regulations: Provided that a service provider, who has been granted a licence after the commencement of these regulations, shall file with the Authority, before commencement of service, a copy of Citizen s Charter. (6) The service provider shall file with the Authority, by 15th January of every year, a fresh copy of the Citizen s Charter incorporating all changes effected. ANNEXURE I Sl No. Cities of Service 1 New Delhi 2 Mumbai 3 Kolkata 4 Bangalore 5 Hyderabad 6 Ahmedabad 7 Pune 8 Mangalore 9 Gurgoan 10 Srinagar 11 Ghaziabad 12 Trivandrum 13 Belgaum 14 Aurangabad 15 Calicut 16 Kasargod 17 Chandigarh 18 Tumkur 19 Coimbature 20 Jaipur 21 Sriperumbudur

11 22 North Goa 23 Madikeri 24 Uttarakhand 25 Patna 26 Firozpur ANNEXURE - II Parameters Benchmarks 1 Service Provisioning/ Activation Time 100% in =< 15 working days 1.1 No. of connections registered 1.2 %age of connections provided within 15 days of registration of demand 100% 1.3 %age of connections provided after 15 days of registration of demand 100% 1.4 No.of customers to whom credit is given for delayed connections 1.5 Total no. of connections provided during the period 1.6 Total no. of working connections at end of the period 2 Faults Repair/Restoration Time 2.1 Total no. of faults registered 2.2 % of faults repaired by next working day >99% 2.3 % of faults repaired by within 3 working day =>100% 2.4 No. of customers to whom rent rebate is given in minimum monthly charges or equivalent usage allowance for delay in fault repair 0% a. Rent Rebate of 7 days b. Rent Rebate of 15 days c. Rent Rebate of One Month 3 Billing Performance 3.1 Total no. of bills issued 3.2 No.of bills disputed 3.3 % age of bills disputed <2% 3.4 % age complaints resloved within 4 weeks 100% within 4 weeks

12 100% within 60 days 3.5 %age of cases to whom refund of deposits is made within 60 days of Closure 4 Response Time to the customer for assistance Total no. of calls received by operators (Voice to 4.1 voice) %age of calls answered by operator (Voice to 4.2 voice) within 60 sec >70% %age of calls answered by operator (Voice to 4.3 voice) within 90 sec >85% 5 Bandwidth utilisation/throughput No.of intra network links (POP to ISP Gateway 5.1 nodes) No.of intra network links having Bandwidth 5.2 utilisation >90% during peak hours (TCBH) No. of Upstream links for International connectivety (ISP Gateway nodes to IGSP/NIXI node/nap) No. of Upstream links for International connectivety having bandwidth utilisation >90% during peak hours (TCBH) NIL NIL Total International bandwidth available from ISP Node to IGSP/NIXI/NAP in Mbps NIL Total International bandwidth utilisation during peak hours (TCBH) in Mbps (Enclose MRTG) NIL % International bandwidth utilization during peak hours (TCBH) (Enclose MRTG) NIL Broadband Connection Speed available (download) from ISP node to user >80% Service Availiability/Uptime (for all users) in %age 93% 6.1 Total operational Hours 6.2 Total downtime in hours 6.3 Service availiability/uptime (for all users) in %age >93% 7 Packet loss (for wired broadband access) in %age <1% 8 Network latency (for wired broadband access) 8.1 User reference point at POP/ISP Gateway node to IGSP/NIXI <120 ms 8.2 User reference point at ISP Gateway node International nearest NAP port abroad (terrestrial) <360 ms 8.3 User reference point at ISP Gateway node International nearest NAP port abroad (satellite) <800 ms