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Terms and Conditions

TERMS AND CONDITIONS “Subscribers)” means any person as defined under General Clauses Act, 1899 who has subscribed to the Services by signing this Subscriber Requisition Form , limited by downloads and amount, it includes a person who is acting on or for behalf of the Subscriber
“Customer Subscription Form” shall mean a form duly filled by the Customer, inter alia, providing details of the Customer, the Installation Address, and the Subscribed Services.
“NETMAX COMPUTERS.” or “NETMAX” means a company incorporated under the provisions of Companies Act of 1956, having its registered office at 2092/37, 3rd floor, naiwalan, karol bagh, New Delhi- 110005
“Services” shall mean the broadband/high speed internet access and services offered by NETMAX.
“Subscription Charges” shall mean the rates, fees, charges, etc. applicable for the Subscribed Services (including without limitation activation or installation fees, usage charges, deposits, advances & service charges; and applicable taxes, levies, etc.). as specified in the Services Requisition Form and any other amount required to be paid by the Subscriber(s) to NETMAX.
“Services Requisition Form” or “SRF” shall mean and include (i) this SRF bearing a unique combination of alphabetical/numerical numbers, that provides the Services, in different packages, currently being offered by NETMAX in the Territory, (ii) the Terms and Conditions; (iii) AUP; (iv) GTCs; and (v) PTCs and their corresponding service charges.
“Subscribed Services” shall mean the package amongst the Services subscribed by the Subscriber.
“Territory” shall mean specified territory where the Subscribed Services are offered by NETMAX.
“Customer Premises Equipment or CPE” shall mean any electronics (Modem / WiFi Routers) provided by NETMAX to the Subscriber for accessing the Subscribed Services.
Scope Upon receipt of complete and duly signed Subscriber Registration Form (including supporting documents to the satisfaction of NETMAX) and the realized Subscription Charges, the authorized representative shall make reasonable efforts to undertake the Installation, Activation and Commissioning at the Installation Address within three (3) working days, subject to availability of the Subscriber. The Subscriber understands that NETMAX shall not be responsible for any direct or consequential loss incurred or suffered by the Subscriber due to delay in the Installation/Activation/Commissioning at the installation address.
NETMAX reserves the right to reject any SRF in case the particulars provided therein are incomplete, incorrect or for any other legally just and valid reason, without any liability whatsoever. In such eventuality, if the Subscriber installation has taken place, the Subscriber shall forthwith return the CPE in good working condition to NETMAX; if the Subscriber fails to return the CPE to NETMAX, then NETMAX shall have the right to adjust the cost of the CPE, as per the prevailing market rates of such CPE, from any charges, payable to the Subscriber. In the event, such cost is not recoverable from the Subscriber or any other charges then NETMAX shall have the right to pursue appropriate legal action at the cost and expense of the Subscriber, against the Subscriber.
For prepaid/postpaid Subscribed Services, if any, NETMAX shall provide the Subscribed Services to the Subscriber till the validity of the Subscribed Services, i.e. for the value or term, as specified in the Services Requisition Form, whichever expires earlier. Upon such expiry/termination, the Subscriber shall cease to use the Services immediately; however, the Subscriber shall be liable to pay the Subscription Charges besides any other outstanding dues payable to NETMAX till the date of disconnection.
NETMAX reserves the right, without any prior intimation to the Subscriber and without any liability, (i) to replace or withdraw the Subscribed Services, (ii) change the duration of availability of the Subscribed Services, and (iii) modify the charges for the Subscribed Services.
By signing this SRF, the Subscriber explicitly agrees and gives consent to NETMAX to receive SMS communication irrespective of Subscriber’s mobile number registration under NDNC registry. The Subscriber understands that the Subscriber, directly or indirectly, shall not initiate any legal action or claim any monetary expenses against NETMAX or its SMS service provider/partners/authorized agents for such cornmunications/SMS under applicable laws.
CPE provided by NETMAX for Subscribed Services will be property of NETMAX and the Subscriber needs to return the CPE in good order & working condition, failing which NETMAX will charge the Subscriber, a minimum sum of Rs.1,5007- (Rupees One Thousand and Five Hundred only) per CPE not returned or returned in non working condition.
The Subscriber shall use the Subscribed Services in accordance with NETMAX’s AUP. AUP means the current version of NETMAX’s Acceptable Use Policy provided on its website (as may be modified/changed by NETMAX from time to time).
Payment of Charges Subscriber acknowledges and agrees that it shall pay to NETMAX, the Subscription Charges and other charges as and when they fall due; and also agrees to pay all applicable statutory taxes related to the use of the Subscribed Services.
NETMAX shall not be liable to refund any amount to the Subscriber when the Service is down or interrupted or suspended.
Payment shall be due on the due date mentioned on invoice/bill. All charges must be paid in full without any deduction, set-off or withholding. If the Subscriber fails to pay any of the charges by due date, NETMAX will be entitled to charge a minimum late fee for a sum of Rs.100, per month, on the outstanding invoiced amount or a sum equivalent to 2 % (two percent) on the cumulative outstanding amount, whichever is higher, until such cumulative outstanding amount is paid in full by the Subscriber.
Use of the Subscribed Services The Subscriber shall at all times be responsible for the use of Subscribed Services, which shall, without any limitation, include any objectionable or obscene messages or communications or material which are generated/sent by the Subscriber, which are in violation of Governing Laws provided hereunder and/or and any other applicable laws. The Subscriber further acknowledges that the internet contains unedited material, some of which may be obscene, sexually explicit or pornographic in nature, which are in derogation of the Indian laws, over which NETMAX has no control whatsoever. NETMAX accepts no responsibility whatsoever for access of such material by the Subscriber, which shall be at the sole risk, cost and liability of the Subscriber and the Subscriber shall always indemnify NETMAX in this regard.
NETMAX reserves the right to disconnect or deactivate the Subscribed Services at any time without prior notice including in situations where the equipment/Home Modem etc. or software is interfering with NETMAX’s other services. In case of any information found in application form given by the Subscriber, at any time, NETMAX reserves the right to partially or fully withdraw/suspend/terminate the Subscribed Services without any notice in that regard.
The Subscriber is required to fully comply with the provisions of all applicable Indian Laws as amended from time to time
Termination NETMAX shall have the right to terminate the Services including the SRF, at all times, without any claim(s) against NETMAX and without any cause and prejudice to NETMAX’s right, as specified thereunder, by serving a notice to the Subscriber as NETMAX deems fit and necessary. However, those clauses which are intending to survive the expiry or termination, shall survive such expiry and termination.
NETMAX Vigilance Notwithstanding anything contained in the Subscriber Requisition Form , for detection of unlawful activities with respect to the provision of the Subscribed Service, the Subscriber shall permit NETMAX to enter the Installation Address, at all reasonable hours, to undertake required inspection.
Representation, Warranties and Undertakings The Subscriber represents warrants and undertakes to NETMAX that: The Subscriber is competent under law to execute the Subscriber Requsition Form .
The Subscribed Services shall be used solely for self-use in the Installation Address. The Subscriber shall not use the Subscribed Services for any commercial benefit, including but not limited to relaying, re-transmitting or redistributing the Subscribed Services to any third party.
The Subscriber shall promptly intimate, in writing, to NETMAX of any change in the details/information provided in the Subscriber Requisition Form.
The Subscriber shall at all times comply with any and all applicable laws.
Limitation of Liability NETMAX shall not be liable to the Subscriber for any suspension or deactivation or termination of the Subscribed Services in accordance with the provisions of the Subscriber Requsition Form .
NETMAX shall not be liable to the Subscriber for any damage to property or person that may take place during or in connection with the Installation.
NETMAX shall not be liable to the Subscriber for any acts or omissions on the Subscriber’s part.
NETMAX is not responsible for:
1. 1. Any consequential or indirect damage or loss in relation to the Subscribed Service,
2. 2. If the Subscribed Services are temporarily suspended due to technical failure, modification, repair or testing, and
3. 3. Any change in NETMAX’s networks results in inability to provide the Subscribed Services to the Subscriber.
NETMAX takes no responsibility whatsoever for the content on the World Wide Web, or access of any content whatsoever by the Subscriber or any other person using the Subscribed Service.
NETMAX shall not be liable for any failure or breakdown in the Subscribed Services or any loss or damage caused to the Subscriber due to Force Majeure conditions.
Miscellaneous Indemnification: The Subscriber shall hold NETMAX, its affiliates, contractors, distributors and the respective officers, employees and agents completely harmless and indemnified from and against any loss, claim, damage, liability or expense (including reasonable attorneys fees and other dispute resolution costs) to which NETMAX/the Subscriber may become subject to under any applicable laws including without limitation all applicable anti-corruption laws, or under any claim made by any third party, or otherwise, to the extent they relate to or arise out of the provision of the Subscribed Services under the Subscriber Activation Contract.
Assignment: The Subscriber shall not assign any rights or obligations under the Subscriber Requistion Form to any other party without the prior written consent of NETMAX. However, NETMAX may assign the rights or obligations under the Subscriber Requisition Form to any of its affiliates.
Notice: All notices given hereunder shall be given in writing, by personal delivery, or Registered Post A.D., at the address of NETMAX and the Subscriber set forth in the Subscriber Requisition Form. Notice given by Registered Post AD shall be deemed delivered on the third day from the date on which such Registered Post A.D. was sent.
Waiver: No failure to exercise and no delay in exercising any right, power or remedy under the Subscriber Requisition Form by NETMAX shall operate as a waiver. Nor will any single or partial exercise of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy.
Saving Clause: If any provision of this Subscriber Requisition Form, becomes invalid or unenforceable, in whole or in part, the validity of the remainder of the Subscriber Requisition Form shall not be affected. NETMAX and the Subscriber shall agree to a valid substitute provision, which corresponds in its economic effect as closely as legally possible to the invalid or unenforceable provision which it replaces.
Governing Laws and Jurisdiction: The terms and conditions of this Subscriber Requisition Form shall be governed by and construed in accordance with the laws of India. The courts at Delhi, India shall have exclusive jurisdiction to entertain any disputes arising out of relating to the Subscriber Requisition Form to the exclusion of all other courts.
Dispute Resolution: Any dispute between NETMAX and the Subscriber arising out of or in relation to the Subscriber Requisition Form shall be referred to arbitration by a sole arbitrator to be appointed by NETMAX. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The venue of the arbitration shall be New Delhi and the language shall be English.
Entire Agreement and Amendments: The Subscriber Activation Contract constitutes the entire understanding between NETMAX and the Subscriber. It supersedes all prior understandings between NETMAX and the Subscriber with respect to the subject matter hereof. NETMAX reserves the right to modify, change
Netmax: is New Delhi’s Central District’s leading ISP company that claims to be reaching to # 1 position across key areas of Central Delhi & surroundings, thru its direct connectivity & thru its Distributors and numerous JV partners.
Building the next generation digital broadband (FTTH) network to provide Broadband ,Leased Lines & Internet application services.
Creating a service differentiation through superior customer experience by providing internet telephony.
Offering a bouquet of Information, Communication and Entertainment) application services to all customer segments, including residential and commercial complexes.