Terms & Conditions

FIBERMAX SERVICES PVT LTD

Terms & Conditions

T&C mentioned here consists of General Terms & conditions ("GTC") along with "Acceptable Use Policy". The signing of Customer's Registration Form (CRF) shall make the T&C mentioned herein binding on the subscriber. In case of any inconsistencies in the constituent parts of the Agreement or disputes arising with regard to the interpretation of the terms and conditions contained in the said Agreement, the following order of precedence shall apply: (i) the CRF and the STC (ii) the SLA, if applicable and (iii) the GTC General Terms and Conditions ("GTC")

CRF Terms & Conditions

Provision of service shall include:

Delivery of the subscribed service within the stipulated duration.
Assignment of Internet Protocol (IP) address for accessing the internet.
The IP address provided by the company shall only be used for the purpose it has been provisioned.
This service is governed by the provisions of Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1993, and Telecom Regulatory Authority of India Act, 1997 as modified or replaced from time to time.
Any Wi-Fi connectivity deployed by subscriber will be activated only after it is registered for centralized authentication system of FIBERMAX.

Internet Telephony

If the subscriber uses this service for internet telephony, then only the following will be permitted:

Service to process and carry voice signals offered through public internet by use of Personal Computers (PC) or IP based Customer Premises Equipment (CPE) connecting the following:

PC to PC; within or outside India.
PC/a device/adapter conforming to standards of International agencies like ITU, 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.

Addressing scheme for Internet telephony shall only conform to IP addressing scheme of Internet Assigned Numbers Authority (IANA) exclusive of National Numbering Scheme/plan applicable to Basic/Cellular Telephone service. Translation of E.164 number/private number to IP address allotted to any device and vice versa, to show compliance with IANA numbering scheme is not permitted. Subscriber acknowledges that VoIP will not be used in any form other than what is permissible under the internet service license. Subscriber acknowledges that the IP given will not be used for terminating VoIP calls on domestic PSTN network.

As per the regulations of telecom authority, if the mobile number mentioned in this SRF is registered under National Do Not Call (NDNC) registry, you will not receive SMSs from FIBERMAX Services Pvt Ltd. By signing this form you explicitly agree and give your consent to receive SMS communication irrespective of your mobile number registration under NDNC registry. FIBERMAX Services Pvt Ltd or its SMS service provider/partners will not be liable for any legal or monetary expenses arising out of these regulations.

Use of Service – The subscriber shall use the service in accordance with the Company's Acceptable Internet Use Policy ("Acceptable Use Policy"). The Acceptable Use Policy shall mean the current version of the Company's Acceptable Use Policy provided on its website (As may be changed by the Company from time to time).

All plan charges will be charged in advance.

Subscriber/Customer Premise Service Equipment (CPE) Modem & Routers

Subscribers may use their own CPEs. However, such CPEs need to be approved by the Company. In case, of such CPEs:

No rental or security deposit/charges will be applicable.
The Company would not be responsible for maintenance of such CPE's.

When CPE provided by Company for provision of services:

Property in CPE shall always remain vested with the Company and neither the property nor right to use the CPE is transferred to any person in any manner whatsoever. The subscriber to whom the CPE is delivered shall be responsible for safety of and securing any other subscriber as defined in the rate plan towards cost of provision of service so proposed to be provided by the Company.

Manufacturing defects – No Charges to Subscriber.

Repairs due to damage attributable to Subscriber – The repair/service charges shall be assessed by the Company and recovered from the Subscriber accordingly, along with applicable taxes, as additional cost of provision of service by the Company.

General Terms & Conditions – GTC Definitions

“Agreement”: shall mean, unless otherwise specifically provided for, the CRF along with the GTC duly executed and accepted by the Company and Subscriber.
“Applicable Law”: shall mean any law that is applicable in a particular context and includes both Central and State legislations as may be amended or repealed from time to time, including specifically the Indian Telegraph Act, 1885, The Wireless Telegraphy Act, 1933, and the Telecom Regulatory Authority of India Act, 1997, the Information Technology Act, 2000 and any administrative, judicial and quasi-judicial rulings and delegated legislation such as regulations, rules, guidelines and notifications as may be issued by the Authorities from time to time.
“Authority or Authorities”: shall mean the Government of India, Ministry of Communications and Information Technology, Department of Telecommunications (DOT), Telecom Regulatory Authority of India, Telecom Dispute Settlement Appellate Tribunal, the relevant State Government, or other statutory and local authorities, tribunals etc. as the case may be.
“Business Day”: shall mean everyday excluding Sundays and Company declared holidays.
“Charges”: shall include all payments under the Agreement which are due and payable by the Subscriber to the Company, whether invoiced or not, inclusive of one-time, registration, testing and installation, Service Equipment and Service rental, billing, network service/feature change, transfer/shifting, reconnection, usage based charges and Security as set out in the CRF and all other fees, rates, taxes, levies, penalties and fines for and in respect of provision of the Service and chargeable Service Equipment to the Subscriber pursuant to the Subscriber applying for the Service as per the rates set out in the Tariff published by the Company from time to time or any special rates agreed to be granted by the Company, including charges for services availed through the Network on correspondent networks.
“Company or FIBERMAX”: shall mean FIBERMAX Services Pvt Ltd having its registered office at 105, GBP Business Centre, 191/A, Kharvela Nagar, Bhubaneswar 751001, Odisha.
“Confidential Information”: means all information contained in any media and format, designated as such by either Party including (i) technical or business information or material; (ii) proprietary or internal information of either Party, including but not limited to samples, apparatus and equipment, business policies, Subscriber databases, developments, trade secrets, know-how and personnel information regarding third parties; (iii) information disclosed pursuant to the Agreement and (iv) all such other information which by its nature or the circumstances of its disclosure is confidential.
“Due Date”: shall mean the date prescribed by Company in its invoice or statement of charges, on or by which date the Subscriber shall make payment of the Charges whether invoiced or not.
“License”: shall mean the license granted by DoT to the Company to provide and operate Internet Services.
“Network”: shall mean Company's telecommunications network through which Services are made available.
“Party and Parties”: shall mean, respectively, either or both of the parties to the Agreement.
“Provisioning Entity”: means any entity or affiliate providing a Service to Subscriber other than the Company, which may be a subcontractor of the Company, including licensed carriers or service providers in territories where the Company is not licensed to provide the Service.
“Purchase Order (PO)”: shall mean the Subscribers documents, if any, by which the Service may be ordered from the Company.
“Security”: means a cash deposit, director's guarantee, parent company guarantee, credit card payment, direct debit guarantee or bank guarantee or any other valid security or any combination of these as determined by the Company.
“Service”: shall mean the Service subscribed to, by the Subscriber as indicated in the CRF.
“Service Activation Date”: means the date on which the Subscriber commences use of the Service or when the Service is activated, whichever is earlier.
“Service Equipment”: means the equipment, systems, cabling and facilities provided by or on behalf of the Company at Subscriber Premises in order to make the Service available to the Subscriber.
“Service Contract Period”: shall mean the period commencing on the Service Activation Date and ending on the date as specified in the CRF.
“Subscriber”: shall mean any person, association of persons, company, proprietary concern, partnership firm or any other entity that has subscribed for the Services under the CRF and includes their respective heirs, executors, administrators, successors, permitted assigns, holding, subsidiary and group companies and sister concerns.
“Subscriber Premise Equipment or Customer Premise Equipment (CPE)”: means the existing equipment, systems, cabling and facilities of Subscriber or provided to the Subscriber by any third party, which is required for Service provisioning and used in conjunction with the Service Equipment in order to avail of the Service.
“Subscriber Premises”: shall mean the location/or Service Installation Address of the Subscriber as provided in the CRF where the Service is provided and the Service Equipment is installed.
“Tariff”: shall mean the commercial plan or tariff schedule offered by the Company, including but not limited to fees, Charges, rates and related conditions as notified and published by the Company from time to time, in respect of provisioning of the Services.
“Taxes”: shall mean all taxes applicable (whether existing or new) on the Service and Service Equipment, for which the Subscriber is being charged, including but not limited to sales and service tax, VAT, withholding tax, entry tax, octroi, property tax and other applicable taxes or duties.

Scope of Service

Delivery of Services – the Company shall provide the Services to the Subscriber as per the SRF, subject to the provisions of the Agreement and the terms of License. The Subscriber undertakes to accept and pay upon the Due Date for the said Services and chargeable Service Equipment in accordance with terms of this Agreement.

The Company shall use all reasonable efforts to commence delivery of the Service on the Service Activation Date, subject however to the fulfilment by the Subscriber of its obligations as detailed in the Agreement.
The Company shall be entitled to determine the most appropriate means of providing the Service, including using a Provisioning Entity to deliver all or part of the Service and the method, technology and route of delivery of the Service to the Subscriber.
The Company reserves the right to vary, modify the Service at its sole discretion for technical, business or any other reasons.
The Company may at any time, substitute or change the configuration or routing of its Service Equipment used to provide the Services.
The Service Equipment provided hereunder are provided on an "as is" basis and the Subscriber's use of the same is at its own risk.
The Company may temporarily suspend whole or part of the Service at anytime without notice, if the Network fails or requires modification or maintenance.
Provision of the Service to the Subscriber shall be subject to the terms of the License and the Agreement or any other special terms and conditions of a Provisioning Entity.
The Company reserves the right to use any surplus capacity in the Service Equipment or Network to provide services to any other Subscriber.

Service Availability

Service Quality – during the Service Contract Period, the Company shall endeavour to maintain commercially acceptable levels of Service availability and ensure that the Subscriber is not prevented from making use of the Service as a result of any deficiency or problem in the Network.

The Company may enter into a separate service level agreements with the Subscriber, provided that all other parameters not covered in such agreements are governed by the terms and conditions of this Agreement.

Service quality, functionality, availability or reliability may be affected and the Company shall not be liable for such disruptions/interruptions/deficiency in case they are due to the following reasons:

Planned repairs, modifications or maintenance notified to Subscriber in advance.
Unauthorized changes to Service Equipment or CPE made by Subscriber without notifying the Company.
Any fault in equipment other than Service Equipment or a fault arising from outside the Network.
Suspension of Service by the Company.
Force Majeure Events.
Any fault in or damage to Service Equipment or Network or components thereof for reasons beyond the reasonable control of the Company.
Refusal by Subscriber to allow testing or repair of Service or Service Equipment and use by Subscriber of the Service on an impaired basis, including refusal to allow access to Subscriber Premises to the Company personnel.
Failure in providing stable power and the other infrastructure required for Service Equipment and/or Subscriber Equipment.
Subscriber scheduled maintenance.
Any complaint by the Subscriber which the Company, after due investigation, finds to be without any basis.

The Subscriber shall pay all reasonable costs incurred by the Company in investigating and remedying any Service difficulty which is attributable to the negligence, act, omission, breach or fault of the Subscriber or its agents, or the failure or malfunction of CPE that connects to the Service as and where applicable.

In the event of there being any deficiency in the Services or Service Equipment, the Subscriber shall within a period of seven (7) Business Days from the occurrence of the deficiency notify the Company, and thereupon the Company shall endeavour to rectify the same in a reasonable period.

Representation and Warranties of Subscriber (Not Applicable for Individuals)

Compliance – the Subscriber warrants that it is a duly organized entity, validly existing and fully compliant with all Applicable Law.
Licenses & authorizations – The Subscriber warrants that it has all corporate, statutory and other authorisations, licenses and consents necessary to legally execute and perform its obligations under the Agreement.
Subscriber Premises – the Subscriber warrants that it has full rights, title and interests in Subscriber Premises or such rights, approvals and permissions as are necessary to enable it to use the Subscriber Premises for the purpose of its business.
No liquidation – There are no bankruptcy, winding up or other liquidation proceedings pending or being contemplated by or against the Subscriber or threatened against the Subscriber.
No litigation – There are no other legal proceedings pending or contemplated by or against the Subscriber or threatened against the Subscriber, that would materially or adversely affect its ability to perform its obligations under the Agreement.

Billing and Payment

Invoices – the Company shall send bills/invoices/statement of charges (collectively the "Invoice") through electronic media to the Subscriber. The first bill will be sent to the installation address as given in the CRF. The subscriber can subsequently request for a change in the billing address, if required. In case, subscriber has opted for e-copy, then bill will be sent on his registered email id mentioned in SRF. No physical copy of bill be sent to such subscribers. Physical bill copy will be available on demand at a nominal charge, as applicable.

The Company reserves the right to raise and/or collect Invoice by itself directly or through any of its nominees, agents or franchisees.

Payment – The Subscriber shall pay all Charges to the Company, whether invoiced or not on the Due Date.

If Subscriber fails to pay the Charges in accordance with the Agreement, the Company shall be entitled, in addition to any other remedy that it might have under Applicable Law, to do one or more of the following:

Set off/adjust against the Security, any amounts due and payable by the Subscriber to the Company pursuant to the Agreement.
Charge interest on overdue invoices from the Due Date until payment @ 2% per month or part thereof. Interest shall continue to accrue notwithstanding expiry or termination of the Agreement for any reason.
Exercise a lien over any CPE whether pursuant to the Agreement or any other agreement with the Company.
Suspend or terminate the Services as per the Agreement.

Security: Subscriber shall deposit with the Company an interest free, refundable Security in such amount(s) as may be determined by the Company from time to time. The Company reserves the right to forfeit/adjust/apply the said Security amount in full or part for the setting off of any Charges, Taxes or such other sums/debts due from the Subscriber to the Company at any time.

No refund: Except as may be provided in the Agreement, any and all Charges paid by Subscriber shall not be refunded by the Company under any circumstances.

Currency: The payment shall be made in such currency as specified in the invoice.

Taxes: All Taxes present and future and any other additional Tax/cess/duty levied by Authorities shall be to the account of Subscriber.

Disputes in Billing & Payment: In case Subscriber disputes any Invoice or part of an Invoice, Subscriber shall within seven (7) Business Days from the date of such Invoice, deliver a notice in writing to the Company setting out the nature of the dispute. If Company does not receive any notice of dispute from Subscriber within such stipulated period, Subscriber shall be deemed to have accepted the Charges on the Invoice as being correct.

Rights and Obligations of the Company

In performing its obligations under this Agreement, the Company shall at all times exercise reasonable skill and care of a telecommunications service provider and will ensure that it complies with the Applicable Law while provisioning the Services.
Except as expressly set forth in this Agreement all warranties, representations or agreements with respect to the provision of the Service, Service Equipment or otherwise, whether in oral or in writing and whether express or implied, either by operation of law, statutory or otherwise, are hereby expressly excluded to the extent permitted under Applicable Law.
Assignment – The Company reserves the right to transfer or assign and/or delegate any and all or part of its rights and obligations hereunder to any Provisioning Entity, pursuant to any sale or transfer of assets or business, or pursuant to any financing, merger, or re-organisation of the Company.
Disclosure – Privacy of communication is subject to Applicable Law and the terms of the License. The Company may be required to disclose any information or particulars pertaining to the Subscriber to any Authority.
Verification & credit check – The Company reserves the right to seek/verify particulars provided by the Subscriber to the Company, in any manner without notice or intimation and reserves the right to reject any SRF.
Access – The Company, its agents or franchisees shall be allowed free access to the Subscriber Premises to remove the Service Equipment in case of termination, discontinuation or suspension of the Service.

Prohibited Subscriber Conduct

Subscriber shall not host, display, upload, modify, publish, transmit, update or share any information that:

Belongs to another person and to which the subscriber does not have any right to.
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
Harms minors in any way.
Infringes any patent, trademark, copyright or other proprietary rights.
Violates any law for the time being in force.
Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
Impersonates another person.
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Duties and Obligations of the Subscriber

Illegal Use: Not use the Service for any improper, immoral, unlawful or abusive purpose or for sending obscene, indecent, threatening, harassing, unsolicited messages, which may cause any damage to the Company or any other person whomsoever.
Relocation: Bear all additional costs and Charges of transfer/relocation of Service Equipment or alteration/modification of Service or Subscriber Premises.
Cooperation: At its own expense provide such assistance to the Company and/or the Provisioning Entity as the Company may reasonably require to provide the Service.
Access: Permit the Company's employees/authorised representatives to inspect the Subscriber Premises prior to provision of Service, install, configure, maintain, inspect, test, modify and substitute the Service Equipment or CPE.
Service Equipment – Obtain all necessary municipal, statutory and other approvals from Authorities for installation of Service Equipment at the Subscriber Premises.
Indemnify the Company from all Charges, Taxes and such other duties that may be levied by the Authorities or any third party in respect of any Service Equipment installed at the Subscriber Premises.
In case the FIBERMAX owned Service Equipment is lost, misplaced or stolen, the Subscriber shall inform the Company immediately and provide a copy of the FIR lodged.
Forthwith return the FIBERMAX owned Service Equipment to the Company in the event the Company terminates the Service for any reason whatsoever.
Undertake not to use the Service Equipment provided by the Company to procure the telecom services of any other telecom service provider.
House the Service Equipment at Subscriber Premises in accordance with the Company's instructions including provision of secured space and convenient access.
Not move, modify, relocate or in any way interfere with the Service Equipment or the Network.
Not cause the Service Equipment to be repaired, serviced, or otherwise attended to except by an authorized representative of the Company.
Provide adequate security to Service Equipment, and shall make good to the Company any loss or damage arising due to acts of omission and/or commission on the part of the Subscriber.
Not create or allow any charges, liens, pledges or other encumbrances whatsoever to be created over the Service Equipment. Title to the Service Equipment shall at all times belong to and remain with the Company.
Be responsible for procurement, maintenance, compatibility and performance of CPE.
Be responsible for communicating with Subscriber's users of the Service and for handling all complaints and trouble reports made by such users.
Personal Injury: Be responsible and liable for any personal injury, death or tangible property loss arising at the Subscriber Premises resulting from negligent acts of omission or commission.
Compliance with Applicable Law: Subscriber and its users shall comply with all Applicable Law, the relevant provisions of the License, and the terms and conditions of the Agreement.
Not use the Service for or allow any connection to a Public Switch Telecommunication Network from Subscriber Premises.
No assignment – Subscriber is not entitled to transfer or assign its obligations and liabilities under the Agreement to any other party without prior written permission of the Company.

Service Suspension

The Company may, at its sole discretion and without prejudice to any other right which it might have to terminate the Service, elect to suspend forthwith the provision of a Service until further notice if the Company:

Is entitled to issue a notice to terminate or to otherwise terminate a Service pursuant to force majeure condition.
Is obliged to comply with Applicable Law.
Needs to carry out emergency or planned works, any maintenance activity and/or planned outages to the Network or Service Equipment.
Has reasonable grounds to believe that the Service is being used fraudulently, illegally or in association with illegal activities.
Has reasonable grounds to believe that Subscriber will not or is unable to pay any Charges that is due or is to fall due to the Company.
Requests the Subscriber to provide or increase the Security and Subscriber refuses or fails to do so within the stipulated time.
Determines that Service transmission is limited due to physical obstruction, geographic, topographic, hydrological, and meteorological and other causes.
Notifies the Subscriber of a Force Majeure Event.
Any discrepancies/wrong particular(s) furnished by the Subscriber in the SRF.

Without prejudice in case of any suspension due to failure to make payments by Subscriber, the Service shall not be re-connected till the Company realizes payment of all pending Charges.

During the period of such suspension the Subscriber shall continue to be liable for all applicable Charges.

In case of non-compliance with these terms and conditions along with the applicable rules and regulations, user agreement and privacy policy for access or usage of Service, the Company shall have the right to immediately terminate the access or usage rights of the Subscriber to the Service.

Limitation of Liability and Indemnification

The liability of the Company for damages arising out of the provision or use of the Service, Service Equipment or failure to provide the Service or any matter hereunder including but not limited to mistakes, omissions, interruptions, delays, tortuous conduct or any representations, whether caused by acts of commission or omission shall be limited to the value of the Charges payable in the month in which the event giving rise to the liability occurred. The above shall be the sole remedy of the Subscriber.

Company shall under no circumstances be liable to the Subscriber for any indirect, incidental, special, consequential, exemplary or punitive damages including but not limited to damages for any adverse impact on business, loss of profits or loss of revenue or any payments to third parties.

The Company shall not be liable to make any refunds whatsoever in case of non-utilization of the Service or Service Equipment by the Subscriber for any reason.

The Subscriber shall defend, indemnify and hold the Company harmless against any and all liabilities incurred such as losses, damages, costs and expenses and third party claims against the Company due to:

Arising from any fraud or illegality in relation to or unauthorized use of the Services, Service Equipment or CPE by Subscriber or any third party.
Against any intellectual property infringement claims in relation to use of Service Equipment or CPE.
From any failure by Subscriber and/or its authorized users to comply with the provisions of the Agreement.
From any failure by Subscriber to comply with Applicable Law or relating to content, information or data transmitted using the Services.
From any and all claims for physical property damage, personal injury or wrongful death regardless of whether such claims arise out of the negligence or wilful misconduct of the Subscriber.

Intellectual Property Rights

The Company confirms that all corporate names, service marks, logos, trade names, trademarks, websites and domain names (collectively the "Company Marks") in respect of the Service and Service Equipment are and shall always remain the exclusive property of the Company and nothing in this Agreement shall grant the Subscriber the license to use, reproduce, or commercially exploit such Company Marks for any purpose.

The Company confirms that all other intellectual property rights such as copyrights, patents or designs whether registered or not, that exist in any software, hardware or firmware provided along with Service or Service Equipment and all proprietary information, trade secrets and know how (collectively the "Company IPR") are the exclusive property of the Company.

The Subscriber undertakes not to copy, reproduce, modify, decompile or reverse engineer any software, hardware or firmware in the Service Equipment in any manner whatsoever.

The Subscriber agrees to indemnify, defend and hold harmless the Company from all third party actions whether civil or criminal that may arise as a result of infringement or violation of third party intellectual property rights by Subscriber or its users.

Termination

The Company may terminate the Service on the occurrence of one of the following events:

Forthwith by notice if the Subscriber has committed a material breach of the Agreement which it fails to remedy within thirty (30) Business Days of having been notified of such breach.
If the Subscriber has a receiver or an administrative receiver appointed over it or over any part of its undertaking or assets or passes a resolution for winding up.
If the Subscriber becomes subject to an administration order or if it enters into any voluntary arrangement with its creditors or if it ceases or threatens to cease to carry on business.

Subscriber may terminate a Service (a) on thirty (30) Business Days written notice to take effect on the expiry of the Service Contract Period or (b) on thirty (30) Business Days written notice provided such notice is issued prior to the Service Activation Date. In the event Subscriber does not terminate the Agreement, it shall be deemed to have automatically renewed the Service on the same terms and conditions.

Service Cessation: The Company may terminate the Service upon thirty (30) Business Days written notice to Subscriber if it ceases to provide that Service on a commercial basis at the Subscriber Premises.

No Relief: Termination of any Service will not relieve Subscriber of its obligation to pay any Charges due, owing or incurred under the Agreement.

Force Majeure

Neither Party will be liable for any delay or failure in performance under the Agreement resulting from acts beyond the control of such Party, including without limitation acts of God, acts or regulations of any Authorities or international authority, war or national emergency, whether declared or undeclared, terrorism, accident, fire, lightning, equipment failure, computer software malfunction or design defect, electrical grid/power failure, telecommunication line or submarine cable failure, acts or omissions of other telecommunications providers, riots, strikes, lock-outs, industrial disputes (whether or not involving a Party's employees) or epidemics of infectious diseases ("Force Majeure Event").

Confidentiality

Commencing from the date of the Agreement and continuing for a period of 2 years from the expiry or termination of the Agreement, each Party will protect as confidential, and will not disclose to any third party, any Confidential Information. The Company may disclose Confidential Information to debt collection agencies, credit bureaus or professional advisers, Provisioning Entities or affiliates for the purposes of debt collection from Subscriber.

The foregoing restrictions on use and disclosure of Confidential Information do not apply to information that: (a) is in the possession of the receiving Party at the time of its disclosure; (b) is or becomes publicly known, through no wrongful act of the receiving Party; (c) is received without restriction from a third party free to disclose it; (d) is developed independently by the receiving Party without reference to the Confidential Information; or (e) is required to be disclosed by law, regulation, court or governmental order.

Data Protection and Privacy

Company shall take adequate measures of data protection and protection of privacy in respect of information and data regarding the Subscriber, its employees and end users as provided for under the License. This information and data ("Subscriber Data") may include, but not be limited to, nature or profile of data transmissions and other data gathered as part of providing the Service or necessary for the establishment, billing or maintenance of the transmission, data containing personal and/or private information, and other data provided to or obtained by the Company in connection with the provision of Service.

Dispute Resolution and Governing Law

All disputes arising out of the Agreement shall be subject to arbitration, in accordance with the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The arbitration shall be by a sole arbitrator mutually appointed by the parties, or failing such appointment, in accordance with the provisions of the said Act. The venue of such arbitration shall be Odisha, India and proceedings shall be in English.

The Agreement shall be governed by and construed in accordance with the laws of India and in the event of disputes, courts at Odisha shall have the exclusive jurisdiction.

Miscellaneous

The Agreement shall constitute the entire agreement between the Parties in respect of the Services.
The Subscriber shall not object to the Company subcontracting or outsourcing any part of the performance of this Agreement to any entity or third party.
The failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them.
If any provision of the Agreement is determined to be void, invalid or unenforceable, it will not affect the enforceability of any other provisions.
Any notice may be given by hand, fax or courier/post/email and shall be deemed to have been made on the first Business Day following that on which the addressee receives it.