This agreement is formed between the person/party whose name appears on the Customer Application 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 Solutions Private Limited having its Office at 102& 105, Wellington Business park 2, Marol,Andheri – East, Mumbai - 400059(hereinafter referred to as “JEEBR”) 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 grants to the Customer a non-exclusive, non-transferable Right to use the Internet Bandwidth through Leased Line in accordance with the terms and conditions embodied in this Agreement. JEEBR’s affiliates or subcontractors may perform some or all of JEEBR’S duties and obligations under this Agreement (Herein after referred to as the ‘said Agreement’).
2. Service Activation Date: Billing for JEEBR service will commence as of the service Activation Date.
3. Contract and Lock-in Period: Months as mentioned in the overleaf CAF commencing from the service Activation Date. Auto Renewal of this agreement on completion of months mentioned in the overleaf CAF, further, auto renewal shall be for subsequent to completion of contract and lock-in period.
4. Charges: Customer shall be liable for the payment of service charges for providing Internet Bandwidth 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 the local loop charges levied by basis service operator for the usage of the leased line in order to access the service. 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.
5. Payment: Payment is due on the date specified in the Customer’s Invoice. Accounts will in default if payment is not received by this due date. If payment is returned to JEEBR unpaid, Customer is immediately in default and subject to a returned cheque charges of Rs500/-.Accounts unpaid 30 days after the date of Invoice may have Service interrupted or terminated. Such interruption does not relieve Customer of the obligation to pay 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.
6. Liability:
(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 the Service will meet its requirements and be compatible with its hardware and/or software configuration.
(b) JEEBR 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.
(c) In no event shall JEEBR 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 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.
7. Service Outage: At JEEBR’s sole option it may credit customer for any outages of the services in an amount to be determined by JEEBR. The maximum amount of credit in any calendar month shall be not exceed the Monthly Charge.
8. 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 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.
9. Term and Termination: This Service shall remain effective for initial period of 12 months from the date of signing of this agreement. The terms of this service shall be automatically renewed on quarterly basis after the expiry of the term of the agreement unless otherwise terminated earlier. JEEBR can terminate this Agreement on non-receipt of due service charges within the due period. JEEBR may terminate this Agreement without any notice if Customer fails to comply the terms of this agreement or if the license issued by DOT to JEEBR for providing Internet Services being terminated or coming to an end for any reason whatsoever or suspended for any indefinite period. JEEBR shall be entitled to and have unquestionable right to suspend/disconnect/terminate the service if JEEBR detects or suspects or has reason to believe or is advised by statutory agencies/authorities that the service provided by the JEEBR to the Customer is misused/used for illegal and/or unlawful purposes/carrying obnoxious messages etc. without notice to the Customer.
10.Penalty: On terminationof contract with in the lock-in period by the Customer then the Customer is liable to pay the Charges for the balance remaining period of the contract period on a pro-rata bases. JEEBR shall raise the Invoice and Customer should pay the charges within 7 days of submission of Invoice.
11. Privacy of Communication:
(a) JEEBR 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 has the right, but not the obligation, to monitor or disclose the contents of private communication, if JEEBR, 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 rights or property.
(c) In addition, JEEBR 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.
12. Prohibited Activities:
(a) Customer agrees not to post or transmit any content that infringes, dilutes or otherwise violates another person’s rights in its trademarks, service marks, copy right, trade dress, or in any manner is in violation of any applicable law of India or elsewhere.
(b) Customer agrees not to post or transmit any unsolicited messages regardless of contents or false advertising, promotional materials, or other forms of solicitation to other subscribers, individuals, or entities, except in those areas that are designated for such a purpose. Customer further agrees not to involve or associate JEEBR or its associate Companies in any way with the posting or transmission of unsolicited advertising, promotional materials, or other forms of solicitation, including but not limited to unsolicited advertisements sent from another service provider advertising a JEEBR hosted web page, and unsolicited advertisements sent from another service provider which request that replies be sent to a JEEBR or its related Companies email address.
(c) Customer agrees not to post or transmit any obscene or pornographic content, including, but not limited to, child pornography, on or through the Service.
(d) Process Abuse. Customer agrees not to make false or unverified complaints against JEEBR or its employees, agents and other Customers, or otherwise abuse of JEEBR complaint registration and response procedures.
(e) Systems Abuse. Customer agrees not to abuse JEEBR system, or any other system accessible through the Internet via JEEBR, by causing any harm to system so that it inhibits or negatively impacts the ability of other users to effectively use such system.
(f) 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.
13. General Conditions: The Customer Order Form overleaf set forth the entire understanding between the Customer and JEEBR.
(a) The Customer agrees to abide by the terms and conditions of services in the event, services are availed by the Customer through Leased Line.
(b) The CUSTOMER undertakes to abide by the Indian Telegraph Act and Indian Telegraph Rules/Terms of Department of Telecommunication /any other statutory legislations or rules applicable to the Service, Terms Of Service (TOS) of JEEBR as amended from time to time.
(c) This Agreement is the complete and exclusive statement of understanding between JEEBR and the Customer. It supersedes all prior agreement and undertaking, written or oral and all representation and communication between JEEBR and the Customer.
(d) Where the Customer makes acknowledgements, gives undertakings, or undertakes liabilities under this Agreement, it does so for itself and the Licensed Users, and where limitations or exclusions are imposed on the Customer under this Agreement; the Customer accepts that these will bind both the Customer and the Licensed Users as if theywere one entity.
(e) Where the Customer is a body other than an individual, the person accepting this Agreement represents that she/he is authorized by the Customer to accept this Agreement for and on behalf of the Customer, and to bind the Customer and Licensed Users thereby.
14. JEEBR Equipment: At JEEBR’s option, it may provide Customer Equipment (JEEBR Equipment) for customer services. If customer opts for JEEBR Equipment,theJEEBR Equipment shall at all-time remain the sole and exclusive property of JEEBR. None of the JEEBR 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 Equipment. JEEBR reserves the right to retrieve the assets and electronic equipment which are installed and deployed at customer locations/premises to activate the service of customer, in the event of disconnection of services by JEEBR due to the breach of any terms by the customer, as contained herein or if the customer chooses to discontinue the services of JEEBR due to any reason whatsoever. In case, customer denies to return the JEEBR Equipment customer shall be liable to pay the cost of equipment to JEEBR.
15. Jeebr Firewall UTM Device: This device will be installed at the client premises know as Customer Premises Equipment (CPE). CPE at all-time remain the sole and exclusive property of JEEBR. None of the JEEBR 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 Equipment.On termination of contract the Customer shall peacefully handover the Jeebr Equipment within 7 days of disconnection of service.
16. Theft of JEEBREquipment& Firewall UTM Device: If Customer’s JEEBR Equipment is stolen or otherwise removed from customer’s premises without authorization, Customer must notify JEEBR Service Center immediately within 3 business days.
17. Maintenance: Scheduled maintenance shall be performed from time to time. Scheduled outages shall be published at JEEBR website.
18. Indemnification: The Customer agrees to indemnify JEEBR, its employees, agents, directors and investors for losses and expenses incurred by JEEBR, 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'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.
19. 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.
20. 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.
21. Customer do not intend to provide OSP Services and do not intend to use Jeebr Internet Service Private Limited services for the OSP Services.
22. 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.
