Agreement is formed between the person/party whose name appears on the Customer Order Form overleaf (hereinafter referred to as the “Customer” with expression shall unless it is repugnant to the context or meaning thereof shall mean and include his/her/their heirs, successors in interest, legal representative administrators assignees and executors) and Jeebr Cloud SolutionsPrivate Limited having its Office at 102& 105, Wellington Business Park 2, Marol, Andheri – East, Mumbai – 400059(hereinafter referred to as “JEEBR CLOUD”) which expression shall mean and include unless exclude by or the subject or context all its successors and assigns;
1. Services: From the date of commissioning of service, JEEBR CLOUD grants to the Customer a non-exclusive, non-transferable Right to use the Internet Bandwidth through Broadband in accordance with the terms and conditions embodied in this Agreement. JEEBR CLOUD’s affiliates or subcontractors may perform some or all of JEEBR CLOUD’S duties and obligations under this Agreement (Herein after referred to as the ‘said Agreement’).
2. Service Activation Date: Billing for JEEBR CLOUD service will commence as of the service Activation Date.
3. Charges: Customer shall be liable for the payment of service charges for providing Broadband services and such other charges along with the all the taxes as set out in the schedule of Billing& Payment term. The Customer shall pay for usage of all the services provided online which accrue under user name and password allocated to the Customer. Responsibility for limiting the usage to the level indicated on the order forms remains with the client.
4. Payment: Payment is payablein advance before the start of renewal period. Accounts are in default if payment is not received by this due date. If payment is dishonor/bounce to JEEBR CLOUD unpaid, Customer is immediately in default and subject to a returned cheque charges of Rs500/-.Accounts unpaid on the due date / renewal date may have Service interrupted or terminated. Such interruption does not relieve Customer of the obligation to pay any outstanding dues such as the Recurring charges for the services or any charges incurred. Any taxes levied by the Law shall be paid by the Customer. If Customer is exempt from Tax, Customer must submit exemption certificate.
5. Disclaimer:
(a) The Service is supplied to the Customer on an "as is" basis and not modified to meet the individual requirements of the Customer. It is the sole responsibility of the Customer to satisfy itself prior to entering this Agreement that Service will meet its requirements and be compatible with its hardware and/or software configuration.
(b) JEEBR CLOUD does not guarantee uninterrupted working of the network of the service and shall be not liable to the Customer or any other user person for any injury of damage resulting from the omission, interruption, delay, errors in transmissions, failure or defects in equipment which are connected with incidents of force majeure or any other reason beyond the control of JEEBR CLOUD.
(c) In no event shall JEEBR CLOUD be liable for any direct or indirect consequential loss or damage, economic otherwise, including loss of profits and loss of reputations even if advised of possibility thereof.
(d) JEEBR CLOUD may suspend the services wholly or partially at any time without prior notice if the Customer does not comply with any term and condition of this agreement.
(e) Customer assumes total responsibility and risk for use of the Internet Services.
(f) JEEBR CLOUD may revise the tariff for its Broadband Internet services from time to time on its sole discretion.
6. Warranty: Customer agrees that his use of the service, the service software, and the internet is solely at his own risk. Except to the extent that such disclaimers are expressly prohibited by law, JEEBR CLOUD disclaims any and all loss, damage or liability arising out of or relating to Customer’s use of the service, including, but not limited to, any loss, damage or liability relating to:
(a) loss or corruption of data;
(b) loss of or damage to software or hardware;
(c) access delays or access interruptions;
(d) computer viruses;
(e) non-delivery or mis-delivery of data;
(f) the negligent acts of Customer;
(g) any defects, failures, errors, omissions, or misstatements in any and all information, goods, or services obtained on or through the service.
7. Right to Termination:
(1) JEEBR CLOUD reserves the right to disconnect the services to any customer in case there is sufficient evidence of the customer intentionally or unintentionally using the services in a manner which would adversely impact JEEBR CLOUD or JEEBR CLOUD network either operating through Local Cable Operator (LCO) or through JEEBR CLOUD themselves.
(2) The Customer shall be responsible for using the service only for Legal and appropriate purposes.
(3) JEEBR CLOUD reserves the right to terminate the services in the event of non-payment of bills preferred by JEEBR CLOUD in accordance with the tariff plans opted by the customer and the extent of usage or any default on the part of customers.
8. Illegal Use: Broadband Internet to be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, and violates export control laws or anti national.
9. Customer Conduct: Customer shall use Broadband Internet services for lawful purposes only. Customer shall not post or transmit using Broadband Internet services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which without the JEEBR CLOUD’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conducts by a Customer that in the JEEBR CLOUD’s discretion restricts or inhibits any other Customer from using or enjoying Broadband Internet services will not be permitted. Customer shall not use Broadband Internet services to advertise or perform any commercial solicitation, including but not limited to, the solicitation of users to become customers of other on-line information services competitive with the Broadband Internet. Customer shall not upload, post or otherwise make available using Broadband Internet services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Customer. Customer shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harms resulting from such a submission.10. Privacy of Communication:
(a) JEEBR CLOUD intends to respect the Customer privacy and will not randomly monitor or disclose the contents of private e-mail or private chat room communications.
(b) Customer agrees that JEEBR CLOUD has the right, but not the obligation, to monitor or disclose the contents of private communication, if JEEBR CLOUD, in its sole discretion, reasonably believes that such action is necessary to comply with applicable law or valid legal process and/or to protect JEEBR CLOUD rights or property.(c) In addition, JEEBR CLOUD reserves the right, under appropriate circumstances, to disclose the identity of the Customer to third parties in response to a valid legal subpoena and to otherwise cooperate with legitimate police inquiries and lawful civil proceedings.
11. General Conditions: The Customer is required to fully comply with the provisions of the Indian Telegraph Act 1885, Indian Telegraph Rules and the Information Technology Act,2000 made there under and any amendments or replacements made thereto from time to time.
12. Broadband Equipment: At JEEBR CLOUD’s option, it may lease Customer equipment (JEEBR CLOUD Equipment) for customer services. If customer opts for JEEBR CLOUD Equipment,theJEEBR CLOUD Equipment shall at all time remain the sole and exclusive property of JEEBR CLOUD. None of the JEEBR CLOUD Equipment shall be deemed fixtures or part of Customer’s realty. Customer shall have no right to pledge, sell, mortgage, give away, remove, relocate, alter or tamper with the JEEBR CLOUD Equipment.
13. Theft of JEEBR CLOUDEquipment: If Customer’s JEEBR CLOUD Equipment is stolen or otherwise removed from customer’s premises without authorization, Customer must notify JEEBR CLOUD Service Center immediately within 3 business days.
14. Maintenance: Scheduled maintenance shall be performed from time to time. Scheduled outages shall be published at JEEBR CLOUD website.
15. Indemnification: The Customer agrees to indemnify JEEBR CLOUD, its employees, agents, directors and investors for losses and expenses incurred by JEEBR CLOUD, which may arise out of any misuse of the Service by the Customer or its associates etc., if any. The Customer undertakes to take all reasonable steps to prevent unauthorized access to the Service including usage beyond the limits indicated on the Order Form. JEEBR CLOUD's aggregate maximum liability to the Customer in respect of any direct loss whether such claim arises in contract or in tort shall not exceed a sum equal to the amount of the last issued sales invoice.
16. Governing Law and Jurisdiction: This Agreement shall be construed and enforced in accordance with the Laws of the Union of India. The Courts of Mumbai shall have the exclusive jurisdiction for any disputes arising between the parties to this agreement.
17. Customer should quote GST registration number in the form for tax purpose. If you do not quote your GST registration number it shall be presumed that you are unregistered for tax purposes.
18. Customer do not intend to provide OSP Services and do not intend to use Jeebr Cloud Solutions Private Limited services for the OSP Services.
19. The Customer shall, at all times, be bound by the terms and conditions set out in the various policies issued by the Company, as uploaded on the Company's website www.jeebr.net Such policies form part of the Agreement between the Company and the Customer.
