TERMS & CONDITIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

Your subscription to Ethernet Xpress India Pvt. Ltd. (EXPL) services is governed by the following terms and conditions (“Terms of Use”). By merely subscribing to Ethernet Xpress India Pvt. Ltd. services you will be contracting with Ethernet Xpress India Pvt. Ltd. and these terms and conditions including the policies constitute your binding obligations Ethernet Xpress India Pvt. Ltd. services. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to our  services.

GENERAL:

  1. Subject to the acceptance of the application and technical feasibility Ethernet Xpress India Pvt. Ltd. (EXPL) will endeavour to provide the Broadband service at the earliest.
  2. In order to subscribe to EXPL one must be 18 (eighteen) years of age or older and must provide valid documents as requested.
  3. Devices and Installation Charges are NON refundable / NON transferable. Installation charges includes: Activation Fee + Installation cost Fee.
  4. Plan amount is NON refundable / NON transferable to any other account.
  5. EXPL does not hold responsibility for lesser Download / Upload data rates caused by the accessed website status, the international gateway or the media.
  6. The Residential Broadband connection is likely to be withdrawn in case the customer surrenders the Broadband connection.
  7. If a connection is taken during an offer period and devices are provided free of cost, then the devices will be the sole property of EXPL & the device must be returned back at the time of termination of service in working condition. Fiber cable used for a connection remains as the sole property of EXPL.
  8. Modem / Modem + Router comes with 1 year warranty from date of installation no matter how many replacements are made during the warranty period.
  9. Warranty will be treated null & void if product is physically damaged, water damaged, burnt, broken by natural disaster, or use which is different from the EXPL advice and instructions.
  10. EXPL will only be able to replace defective product with a same model or an equivalent product. No option of upgrading to or substituting different products. The maximum liability of EXPL is equal to, and no higher than the products purchased price.
  11. Please retain the invoice or receipt to verify the purchase for any warranty claim. EXPL may decline to offer warranty service if the effective invoice or receipt is failed to be produced.
  12. Power Supply, LAN, WiFi Router, Extenders and internal fittings of cables and wiring to be taken care by the customer.
  13. EXPL will provide service till our devices (Landline handset, Modem / Modem + WiFi Router) whichever are mentioned in application form and will NOT be responsible for any additional purchase (LAN, Routers, Extender, etc.) from EXPL employees / third party.
  14. Shifting of a Residential Broadband connection is subjected to the technical feasibility. If feasible, shifting of connection will initiate after the payment of shifting charges. If existing device (Landline, Modem / Modem + WiFi Router) doesn’t support at place of shifting, then, device replacement charges are applicable.
  15. If devices are provided free of cost and does NOT support at place of shifting, the devices must be returned back in working condition with the power adapter.
  16. Conditions for providing Home / Business Plan.
    1. A Residential Broadband plan can only be offered to subscribers working at homes / at residence for personal purpose.
    2. Subscribers having connection in the name of company firms, shops, education institutes or any other commercial entity can be given only Corporate Plans. They are not eligible for Residential Broadband plans.
    3. Connection working in individual names at commercial business/office premises are also not entitled for Home plans.
  17. EXPL shall endeavour to provide reliable & efficient services to its customer.
  18. EXPL may update its Internet services, provide new facilities, modify & delete certain features, upgrade its network capacity, bandwidth, speed, add new nodes & reconfigure its network as per need without prior intimation.
  19. EXPL may revise the tariff for its Residential Broadband Services & its Value-Added Services from time to time at its own discretion.
  20. Technician charges will be applicable if the users face issues with third party devices and wants a technician visits their residence.
  21. Reconnection of services – account will be suspended if NOT recharged within 3 months. Reconnection charges are applicable.
  22. If payment done via Cheque, connection will be processed once cheque is cleared. If Cheque bounced, return charges of Rs.350/- will be applicable.
  23. If customers want to activate their future plan, the existing plan data or valid days will not be carried forward the future plan.

 

OTT SUBSCRIPTION Terms and Subscription

  1. A Subscription fee will be charged accordingly to the Plan chosen, for which, the OTT based Content Services made available through the respective content providers & the same will be billed at the EXPL customer portal in beginning of Subscription Period.
  2. The Data + OTT Subscription Plan opted by you will be effective from the date you select the New Plan and appropriate payments made thereof. Further, all Subscription Fee specified for each Subscription Plan will be exclusive of all applicable taxes & such Subscription Fee billed will be non-refundable /non-transferable irrespective of anything.
  3. If the Pricing for the new Subscription Plan opted for is less than that of the earlier Subscription Plan, than the difference in pricing will not be adjusted to the next billing or renewal cycle. Offers and Pricing for Subscription may change subject to Time & Location.
  4. The Subscription Services that we offer will be from Third Parties. In such cases it is the Third Parties who shall be the decision makers for the features of the Services & Content and the same shall be subject to change or non-Availability. Ethernet Xpress India Pvt. Ltd. shall hold no responsibility, Liability in this regard.
  5. Ethernet Xpress India Pvt. Ltd. will not be responsible for any failure of the OTT services as the causes are beyond its control and should be taken up with the respected content provider, including but not limited to acts of God, war, and riot, acts of civil or military authorities, fire, floods or accident(s), pandemic & emergency situations etc.
  6. If you are under 18 years of age, you may use the Service only with involvement of a parent or guardian.
  7. You shall be responsible for ensuring reasonable security measures regarding your login credentials and in no event shall Ethernet Xpress India Pvt. Ltd. be responsible or liable in this regard.
  8. It is herein agreed that all Promotional Subscription to Ethernet Xpress India Pvt. Ltd. OTT services shall be subject to the Terms of Use. Further, we reserve the right to determine your eligibility in this regard.
  9. All the terms and condition and the availability of content will be maintained by their respective OTT providers. Going forward if the content provider removes any content from their platform and create a new tier of service for special content, Ethernet Xpress India Pvt. Ltd. won’t be responsible.
  10. We may send you promotions or otherwise communicate with you electronically, which may include e-mail, push notification, or posts and you hereby consent to receive those communications. These communications will be in accordance with the EXPL Privacy Policy.
 

RIGHT TO TERMINATE SERVICE:

  1. EXPL reserves the right to disconnect the service to any customer in case there is sufficient evidence of the customer intentionally or unintentionally using the service in a manner which would adversely impact EXPL.
  2. The customer shall be responsible for using the service only for legal and appropriate purposes.
  3. EXPL reserves the right to terminate the services in the event of non-payment of bills preferred by EXPL in accordance with the tariff plans opted by the customer and the extent of usage or any default on the part of customers.

 

THE CUSTOMER UNDERSTANDS AND ACKNOWLEDGMENT THAT:

  1. Mode of connectivity will be Fiber optic which is over head, EXPL gives no guarantee of cable cut. Reporting of a cable cut shall be attended and resolved at the earliest.
  2. Necessary Installation charges is payable to EXPL for connecting Modem/ONU another Interface equipment etc. as applicable and the same is nonrefundable / non-transferable. The customer is required to complete necessary formalities at EXPL office.
  3. Forgery of any identification or obscuring of hostnames, usernames, IP addresses or any message header information in any data is not permitted.
  4. Sending harassing or threatening transmission over EXPL leased Internet service is not permitted.
  5. Internet contains unedited materials some of which may be sexually explicit or offensive & provocative for which EXPL has no control.
  6. Messages or communications, which are inconsistent with the established laws of the country cannot be created, downloaded or accessed.
  7. Customer acknowledges the Terms and Conditions of the offers & policies which are mentioned on the website.
  8. If subscribed to OTT services through EXPL, the customer acknowledges the Terms & Conditions mentioned on the website (www.expl.in).
  9. Customer accepts total responsibility and risk for use of the Internet Services and is in compliance with all the applicable laws including but not limited to Information Technology Act, 2000 and the Rules made thereunder.