These terms and conditions shall form an integral part of the accompanying Customer Application Form (CAF).
Definitions:
“Authority/ies” shall mean Government of India and/or a State Government (Government), any Local Authority, Cantonment Board, Department of Telecommunications (DoT), Telecom Regulatory Authority of India (TRAI), Courts of law or other judicial/qua- si-judicial forums, security agencies, all other statutory authorities, as the case may be, and shall include their successors-in-inter- est.
“Charges” or “Tariff” shall include all fees, call charges/tariffs, deposits, rentals and interconnection costs and includes any other incidental charges relating thereto chargeable by ONPL from time to time for providing the Service/s to the Customer and shall include all Government levies present and future).
“Customer” shall mean the individual or entity or person who or which has applied for provision of the Service/s vide the accompanying CAF. “Postpaid Customer” shall mean the Customer who subscribes to postpaid services postpaid services.
Designated Service Provider” shall mean any individual or legal entity designated by ONPL to provide the Service/s or to discharge ONPL’s obligations hereunder or to exercise ONPL’s rights hereunder.
“License” shall mean the telecom license/s granted to ONPL by DoT to install and operate the Service/s (or any of them).
“Network” shall mean the communications network and other equipment/software used by ONPL to provide the Service/s and shall include telephone exchanges, base stations, microwave and land-line links.
“Other Service/s” means any service/s which is additional to the Service/s including but not limited to value added services, content, data service, collection and billing.
“Service/s” shall mean all the telecommunication service/s and other value added service/s made available by ONPL through its Network, including voice communication service/s, SMS and any Other Service/s under the brand ‘Ometa Net Pvt Ltd and/or any other brand name/s as ONPL may desire from time to time.
“Service Area” shall mean the geographical area within which ONPL is licensed to offer the Service/s under License.
“ONPL” shall mean ONPL (Ometa Net Pvt Ltd) and Designated Service Providers jointly and severally (depending upon the context in which it is used) and shall be deemed to include successors-in-interest and assigns of ONPL and/or ONPL and/or Designated Service Providers.
Provision of Service/s:
The Services shall be provided only on submission of valid CAF along with POI and POA (asstipulated under the guidelines published by the Department of Telecom from time to time) and after verification of the information provided in the CAF by the subscriber. ONPL will make best efforts to provide to the Customer the Service/s within the Service Area subject to these terms and conditions,
Service Conditions:
The availability, and quality of the Service/s may be affected by factors outside ONPL’s control including but not limited to physical obstructions, availability or performance of Network, geographic conditions, topographic layout, weather conditions and other causes of radio interference, non-availability of power or faults or modifications in other telecommunication networks to which the Network is connected, non-receipt or delay in receipt of suitable spectrum and right of way.
The Service/s may be suspended in whole or in part at any time, without notice, if the Network fails or requires modification or maintenance. ONPL will make all reasonable efforts to minimize the frequency and duration of such events.
ONPL has the sole right and discretion to revise the Charges at any time on reasonable notice to the Customer, delivered in such manner as ONPL deems fit.
ONPL has the right to check the credentials of the Customer including the Customer’s financial standing and to avail the service/s of any person or agency for such purposes. Obligation of ONPL to provide the Service/s (or any of them) shall always be subject to verification of the Customer’s credentials as assessed or perceived by ONPL and documents and if at any time, any information and/or documents furnished by the Customer is/are found incorrect or incomplete or suspicious, ONPL shall be entitled to suspend/terminate the Service/s forthwith without any notice.
ONPL reserves the right to apply a credit limit and specify other conditions of charges for time to time for Postpaid Customers and to demand interim or advance payment of deposit / additional deposit, and to suspend / disconnect access of Service/s if such limits are exceeded or such conditions are violated.
ONPL reserves the right to vary the bill cycle for the Charges from time to time for Postpaid Customer.
ONPL reserves the rights to initiate appropriate legal proceedings in case of breach of any of these terms and conditions by the Customer (including non payment of Charges).
Any waiver, concession or extra time allowed or granted by ONPL to the Customer is limited to the specific circumstance in which it was given and the same shall not affect ONPL’s rights hereunder.
ONPL may, without any notice, refuse, curtail, modify, suspend, disconnect or terminate the Service/s in whole or in part at any time if so directed by the Authorities, without assigning any reason whatsoever.
To the extent permitted under License, ONPL shall be entitled to designate a third party for discharging ONPL’s obligations (or any of them) and/or for exercising ONPL’s rights (or any of them) arising hereunder. ONPL shall also be entitled to assign its rights and/or obligations hereunder (or any of them) to such third party at any time without being liable to obtain any consent from or to give any notice to the Customer.
ONPL reserves the right to amend these terms and conditions (or any of them) and/or to separately specify additional conditions from time to time at its sole discretion without providing any notice to the Customer. ONPL will display on its website www.ometanet.com the latest version.
Any and all information (including that pertaining to the Customer or his business) provided by the Customer to ONPL or gathered by ONPL independently of the Customer may be disclosed by ONPL to any Authority or any other entity/individual whether or not ONPL provides the Service/s to the Customer.
ONPL shall be entitled to adjust/set off deposits/payments made by Customer and or any amount payable/refundable by ONPL to Customer against any Charges, towards ONPL, starting from the oldest, which in the opinion of ONPL, are payable by the Customer to ONPL for the Services or on any other account whatsoever.
ONPL has signed/is required to sign reciprocal agreements with other telecom service providers according to which ONPL would not provide new connection to any person who is in arrears with any other service provider/s and whose line has been suspended by such other service provider/s. If such person is already a Customer of ONPL, ONPL upon request by such other service provider, would be required to terminate provision of Service/s to such Customer even though such Customer has been in compliance with the provisions hereof. ONPL however, will not be liable for any costs, damages or losses in case of termination/de-activation of Service/s as aforesaid. To know about postpaid default services please log onto our website or SMS service to 121 (toll free).
The change of name of a Subscriber shall not be permitted.
The Subscriber shall intimate any change of address within one week of such change along with the POA to ONPL. ONPL shall have right to disconnect Services in the event if on re-verification address of the Subscriber is found to be wrong.
ONPL reserves the right for any other reason found to be reasonable by ONPL warranting suspension/disconnection of including but not limited to the following
Enactment, passing and issuance of a new law, to one/all Subscribers, without any notice, for any reason which is found reasonable by company Services; and
Act of God, fire, riots, strike, lock out, war, acts of terrorism, armed rebellion, civil commotion or any other factor beyond the control of Company which makes the rendering of impossible. In such event ONPL reserve the right to terminate service by giving 7 days notice to customer for whatsoever reason but not limited.
Obligations of the Customer:
The Customer shall be liable to make payments for the Service/s on or before due date mentioned in the bill failing which interest @18 % per annum and/or late fees shall become chargeable on all outstanding Charges from the due date of payment. Further the Service/s shall be liable to be suspended/ disconnected/terminated at ONPL’s sole discretion in such an event.
Payment of the Charges can be made by cash, credit card, crossed demand draft or any other mode specified by ONPL from time to time. Payments made by cheque are valid subject to realization. ONPL shall not be responsible for loss of cash/payment instrument unless ONPL has issued a receipt for the same to Customer. Customer shall be liable to pay penal charges/fees as ay be specified by ONPL in case of dishonor of cheque furnished by Customer besides legal action.
Customer understands and acknowledges that any interface (including MODEM, Router, EPABX, etc.) deployed for channelizing the communication services and/or any end-user terminals deployed to the benefit of the Customer may be vulnerable for unauthorized-use / misuse resulting in excess billing. Hence, Customer shall take adequate measures to prevent such unauthorized-use / misuse and is strongly advised
To ensure robust physical access controls are implemented
To ensure strong controls over remote access are established
To have strong access codes/passwords,
To change the access code/password frequently. Further, it may be noted that some of the interface devices are known to have certain remote access features (for ex., DISA/DOSA, etc.) which the Customer is required to be aware of and is expected to establish adequate security measures to avoid misuse / abuse by esta¬blishing strict control on the access codes/passwords, etc., and invariably turn off / disable such features. It may further be noted that the Customer by choosing to keep the feature switched-on, understands that the system may be open for misuse / exploitation. ONPL shall not undertake any responsibility and liability and in case of any misuse, security issues, loss, spike in billing, whatsoever, arising out of the same, the Customer shall be responsible and liable to pay ONPL the billed services charges in full without any demur. In this connection ONPL would like to draw attention of the Customer to clause 3, sub-clause (p) regarding credit limits.
Please quote your GST registration number/UIN in the form for tax purposes. If you do not quote your GST registration number it shall be presumed that you are unregistered for tax purposes.
The Additional discount applicable on the product / service, as agreed between the parties, shall be passed on to the customer on the basis of usage in each state of delivery as per the GST rates of that particular state.
In the event of any dispute regarding the Charges, the Customer shall be liable to pay Charges as billed by ONPL pending resolution of such disputes. Customer shall be liable to pay for the Service/s provided even if the Customer does not receive the bill.
ONPL shall send the bills to the billing address as per ONPL records. It will be Customer’s responsibility to make enquiries in case of non receipt of bills.
Customer shall be liable to pay or bear all the cost for collection of dues, legal expenses etc. with interest, in case of nonpayment of dues or other violation/s hereof by the Customer, necessitating ONPL to refer the matter to a collection agency/legal advisor/ representative of ONPL.
Customer shall remain liable for the Charges pertaining to the period of suspension of Service/s and thereafter until payment is made in full.
Customer shall inform ONPL for any change in billing address. Any written communication, bill, billing statement or notice issued by or on behalf of ONPL to the Customer will be deemed as served within 48 hours of posting by ordinary mail through courier.
Customer shall be liable to bear all taxes, duties or levies payable in addition to the Charges, including those levied/leviable on this CAF. Any increase/ addition/introduction of taxes and/or levy of any taxes, duties or any other statutory charges etc. (present/future) shall to be the Customer’s account upon notice to him and shall at all times deemed to be part of Tariff.
Customer shall not use or cause or allow others to use the Service/s for any improper, immoral, illegal or unlawful purpose including in any manner which may jeopardize, affect or impair the operation of the Network and/or provision of the Service/s to other customers of ONPL or cause public or private nuisance.
Customer shall comply with all applicable laws, rules and regulations, any instructions issued by the Authorities or ONPL, concerning the Customer’s use of the Service/s including but not limited to relevant tax laws and import control regulations.
Customer shall furnish correct and complete information and documents as required by ONPL from time to time.
Customer shall not assign any right or interest in the Service/s provided hereunder without ONPL’s prior written consent.
Customer agrees and accepts that it is the Customer's responsibility to communicate its GST registration number to ONPL and that any change in the GST registration number shall be considered only for invoices issued after the date of such communication to ONPL by the Customer.
Customer shall follow the processes specified by ONPL from time to time with regard to the Service/s.
Customer shall inform ONPL in writing about any deficiency in Service/s within 7 days of occurrence of such deficiency. ONPL shall, upon receipt of complete information about such deficiency, endeavor to get the deficiency rectified.
Customer is not permitted to transfer the Service or any right or interest hereunder to any person, firm or company except transfer of ownership in the name of blood relation or Legal Hire, after obtaining NOC from transferor with New CAF and submission of all documents/information, payment of all charges and fulfillment of such conditions as may be specified by ONPL from time to time.
In case of any over charging the said amount shall be adjusted in the subsequent bill.
The Customer shall not assign any right or interest in the Service/s provided hereunder without ONPL’s prior written consent.
Customer shall be responsible for safekeeping of Counterfoil/Receipt issued by ONPL at the time of submission of CAF/POI/POA. All out station Customers shall provide a local reference and the connection shall be activated only on positive verification of the local reference.
If the connection of a Customer is temporarily suspended, any amount billed to the Customer during such suspension period shall be allowed as a discount to the Customer in the subsequent bill at the sole discretion of ONPL.
Limitation of liability:
ONPL does not guarantee uninterrupted or fault-free working of the Network or the Service/s and shall not be liable to the Customer or to any user or other person for injuries or damages or death resulting from operation of the Network/Service/s arising due to any events (including but not limited to fire, explosion, war, riots, strikes, lockouts, picketing, boycotts, acts of government authorities, act of God, operations of other telecom or allied service providers).
ONPL makes no representation or warranty other than those specifically set forth herein and disclaims all warranties, express or implied.
ONPL shall not be liable to the Customer for any loss, costs or damage whatsoever or howsoever caused, arising directly or indirectly in connection with the Service/s.
ONPL expressly excludes liability for itself, its directors and its employees for any direct or indirect consequential loss, damage, economic or otherwise, including loss of profits and loss of reputation even if advised of the possibility thereof including any liability for libel and/or slander arising out of a message or content received or sent by Customer via the Network.
ONPL may at its discretion, send to the Customer via Customer’s various informationfor the Customer using electronic media or otherwise.
In the event that any exclusion contained herein shall be held to be invalid for any reason, and ONPL becomes liable for loss or damage that it may otherwise not have been liable for, such liability shall be limited to refund of any deposits furnished by the Customer after adjusting the charges due by Customer.
Suspension/Disconnection/Termination:
Notwithstanding anything contained herein, ONPL shall be entitled to suspend/ terminate the Service/s (whether temporarily or permanently) to recover all outstanding and dues from the Customer, without prejudice to, and in addition to any right or remedy available to ONPL under any applicable law, if:
The License is suspended/termi- nated temporarily or otherwise;
At any time the Customer fails to satisfy the requisite credit checks or provides incorrect or misleading information;
Customer fails to pay charges due on or before the due date/s.
Customer is in breach of any other provision of these terms and conditions or is declared insolvent/bankrupt/ liquidated/dis- solved or a trustee or receiver is appointed to take over the assets of the Customer;
The provision of Service/s (or any of them) to the Customer adversely affects the Network or equipment of ONPL or the provision of Service/s to other customers or if any approvals/consents/ permits which are necessary for facilitating provision of the Service/s to the Customer are revoked, discontinued or suspended.
Any reconnection of Service/s shall be done at the sole discretion of ONPL and fulfillment of other conditions as specified by ONPL.
Customer shall remain liable for the Charges during the period of suspension of Services.
Severability & Jurisdiction:
If any of these terms and conditions being held to be invalid, illegal or unenforceable such provision shall stand severed from the other provisions hereof and the same shall not in any manner affect or impair any other provisions hereof those. Any disputes, shall be subject to the exclusive jurisdiction of the court/s situated in the city/town in which main office of ONPL’s relevant circle (i.e. circle in which the Customer is registered with ONPL) is located.
Complaints/Disputes:
In case of complaint/dispute the Customer is requested to follow the procedure as described on the website www.ometanet.com for effective and expeditious resolution.