Broadband internet access and other related services are provided by CRYSTAL BROADBAND AND COMPUTER PRIVATE LIMITED (hereinafter “SIWAN BROADBAND”), a company registered under the Companies Act, having its administrative office at C/O Dhananjay Sharma, Hospital Road, in front of Gaushala, Siwan – 841226 (Bihar), India.
Definitions
- “Services” means the services provided by SIWAN BROADBAND whereby a subscriber can gain access to the Internet through provisioned bandwidth and any value-added services offered along with the Internet plan.
- “Bandwidth” means the amount of information that can be carried in a given period.
- “Subscriber” means any person availing the services from SIWAN BROADBAND.
- “Equipment” means hardware/software components required to enable services, including cable modems, Ethernet cards, splitters and cables.
- “Internet” means the global data network using TCP/IP.
- “Information” means visual, textual or other information made available to subscribers on the Internet via the services.
- “Third-Party Content” means information, software and content provided by any independent third party accessible through the services.
Terms of service
- SIWAN BROADBAND reserves the right to verify the information provided by the Subscriber in the application form, and shall have the right to grant or refuse the Services at its discretion.
- The services are provided as per the licence agreement between the Department of Telecommunications and the Ministry of Communications. The Subscriber acknowledges that operation of services is subject to the terms of that agreement and extant laws and regulations. Services may be terminated and/or suspended under directions from the Government of India, with no liability against SIWAN BROADBAND.
- The Services are provided on an “AS IS and AVAILABLE” basis for decent and lawful purposes without warranties of any kind.
- SIWAN BROADBAND does not guarantee error-free services or that any material accessible through the services is free of viruses, worms, trojans or other harmful components; the Subscriber shall not hold SIWAN BROADBAND liable for any loss of business or expense incurred.
- The bandwidth provisioned is non-dedicated and shared, and may vary depending on the upstream feed from the gateway provider, local loop provider and user load, in accordance with TRAI guidelines on broadband speeds.
- The Services remain SIWAN BROADBAND’s exclusive property; on expiry/early termination, the Subscriber’s right to use the Services shall cease.
- The Subscriber must provide access to the equipment necessary to access the Services. SIWAN BROADBAND reserves the right to disconnect or deactivate access without prior notice where the Subscriber’s equipment or software interferes with other services.
- The Subscriber should use modem/router/ATA box or equipment approved/supplied by SIWAN BROADBAND. Ownership of supplied equipment remains with SIWAN BROADBAND. On termination, equipment must be returned within 7 days in working condition; repair/replacement charges for damaged equipment will be recovered from the Subscriber.
- The Subscriber shall permit SIWAN BROADBAND or its representatives timely access to verify/install/inspect equipment at the premises, with prior notice.
- Subscriber agrees to pay the installation, activation, subscription and other charges along with statutory taxes as and when due. Shifting to a new location is subject to feasibility and shifting charges; if services are not feasible in the new area, no refund shall be due.
- SIWAN BROADBAND will provide bills/invoices electronically to the registered email. SIWAN BROADBAND reserves the right to suspend/terminate services on non-payment by the due date. On discontinuation, charges paid earlier shall not be refunded; unutilised data will not be carried forward or refunded.
- All payments must be made in full by the due date. Delayed payment attracts interest @2% per month; cheque dishonour attracts a penalty (post-paid subscribers only).
- Plans are offered monthly, quarterly, half-yearly and annually with prepaid or post-paid billing. For plan change during a prepaid life-cycle, the amount for the remaining period will not be adjusted against the new plan.
- Static IP (if provided) requires justification and is charged extra at SIWAN BROADBAND’s sole discretion.
- Value-Added Services provided through partnerships are governed by their respective terms and end-user licence agreements.
- Reinstatement of services requires full payment of outstanding balance and other charges plus installation fees, at SIWAN BROADBAND’s sole discretion.
- The Subscriber is solely liable for any infringement of copyright or other law arising from reproduction or distribution of third-party content.
- The Subscriber must ensure objectionable or obscene communication is not generated/sent. The Subscriber is solely responsible for acts in violation of the Information Technology Act, Copyright Act or other laws, and shall indemnify SIWAN BROADBAND.
- The Subscriber agrees to notify SIWAN BROADBAND of any changes to the information provided during registration.
- The Subscriber is not allowed to share/resell/distribute the Services in any manner.
- The Subscriber shall comply with all applicable Acts and regulations, including the Cable Television Networks (Regulation) Act, Copyright Act, and guidelines on Internet services, as amended.
- SIWAN BROADBAND will strive to maintain maximum uptime but is not liable for downtime, and offers no guarantee of end-to-end bandwidth. Services may be suspended for technical maintenance, modification, repair or testing without liability for refund.
- The Subscriber shall indemnify and hold harmless SIWAN BROADBAND against all claims, damages, costs and expenses arising from misrepresentation, fraud, or breach of these terms by the Subscriber.
- SIWAN BROADBAND reserves the right to modify and amend this contract by serving at least 30 days’ written notice.
- On breach by the Subscriber, SIWAN BROADBAND may suspend the Services or terminate the contract at its sole discretion.
- Either party may terminate without cause; there shall be no refunds of any nature if termination is due to reasons attributable to the Subscriber. A partial refund may be offered on a termination request: 100% of subscription refunded if cancelled after order but before installation; one-time and plan charges forfeited/adjusted once the line is installed and activated. All equipment must be returned undamaged, failing which a penalty applies.
- SIWAN BROADBAND is not liable for delay or failure caused by reasons beyond its control, including upstream provider issues, regulatory directions, change in law, or force majeure events (war, fire, flood, earthquake, riots, strikes, lockouts, Acts of God, etc.).
- Any dispute shall be referred to a sole arbitrator appointed by SIWAN BROADBAND under the Arbitration and Conciliation Act, 1996; the venue shall be Mumbai. Service-related disputes may be referred to TDSAT, New Delhi; courts in Mumbai shall have exclusive jurisdiction for other matters.
- The Services are non-transferable by the Subscriber.
- Any invalid or unenforceable provision shall be severable, and the remaining provisions shall remain in full force and effect.
- Obligations on the Subscriber shall survive termination/expiry of the contract.
- Home broadband plans are intended for home use only. SIWAN BROADBAND reserves the right to throttle or disconnect services used for non-residential/commercial purposes.
International & Online Payments (Payment Gateway Terms)
- SIWAN BROADBAND accepts online payments through one or more empanelled third-party payment gateway / payment aggregator partners, which may include (without limitation) Cashfree Payments, Razorpay, Paytm Payment Gateway, PayU and/or such other RBI-authorised Payment Aggregators as SIWAN BROADBAND may engage or change from time to time, at its sole discretion and without prior notice. Supported payment modes include Indian and international debit/credit cards, UPI, net banking, wallets and any other mode made available by the concerned gateway.
- All online payment transactions, whether originating from within India or from outside India, are processed solely by the concerned payment gateway / Payment Aggregator and its acquiring/issuing banks. SIWAN BROADBAND does not collect, store or have access to the Subscriber’s full card number, CVV, PIN, net banking credentials, wallet credentials or other sensitive payment information; these are handled directly by the respective payment gateway in accordance with applicable PCI-DSS security standards and RBI guidelines on Payment Aggregators / Payment Gateways.
- Subscribers making payment from outside India, or using an international payment card/instrument, do so at their own responsibility and shall ensure such payment is permissible under the laws and foreign exchange regulations of their own country as well as under the Foreign Exchange Management Act, 1999 (FEMA) and Reserve Bank of India (RBI) guidelines applicable in India.
- Payments received through international cards or from a non-Indian bank account will reflect the amount payable in Indian Rupees (INR). Any conversion to another currency, and the applicable exchange rate, mark-up, currency-conversion fee or cross-border transaction charge, shall be determined solely by the Subscriber’s card issuer/bank and not by SIWAN BROADBAND; such charges are not collected by or refundable through SIWAN BROADBAND.
- SIWAN BROADBAND shall not be liable for any delay, failure, decline or reversal of an international payment transaction caused by the Subscriber’s bank, card network, currency-conversion process, cross-border regulatory restriction, or any action of the payment gateway or acquiring bank beyond SIWAN BROADBAND’s reasonable control.
- Services or connections will be activated/renewed only after the payment gateway confirms successful realisation of the payment. Where an international payment shows as “pending”, “processing” or is subsequently reversed/charged back by the issuing bank, SIWAN BROADBAND reserves the right to suspend or withhold Services until the payment is confirmed as successfully and finally settled.
- Refunds, if applicable in accordance with the Refund & Cancellation Policy, shall be processed back to the original payment method/card through the payment gateway; refund timelines for international cards may be longer than for domestic payments and are subject to the policies of the Subscriber’s card issuer/bank, over which SIWAN BROADBAND has no control.
- The Subscriber shall not use any card, account or payment instrument that they are not authorised to use. Any fraudulent, unauthorised or disputed transaction may be reported by SIWAN BROADBAND to the payment gateway, the concerned bank/card network and/or law-enforcement authorities, and SIWAN BROADBAND reserves the right to suspend the Subscriber’s Services pending resolution of such dispute.
- SIWAN BROADBAND reserves the right to add, remove, switch between, or simultaneously use multiple payment gateway / Payment Aggregator partners, and to change the payment modes offered (including enabling or disabling acceptance of international cards, wallets or specific banks) at any time and without prior notice. The particular gateway used to process a given transaction may vary and will be indicated to the Subscriber at the time of checkout.
- By making a payment through any of SIWAN BROADBAND’s payment gateway / Payment Aggregator partners, whether from within India or internationally, the Subscriber agrees to be bound by the respective terms and conditions and privacy policy of that payment gateway (e.g. Cashfree Payments, Razorpay, Paytm Payment Gateway, PayU, or such other partner as may be applicable to that transaction) in addition to these Terms & Conditions.
IT Services, Hardware Supply & International Clients
- In addition to broadband and internet services, SIWAN BROADBAND (Crystal Broadband and Computer Pvt. Ltd.) also offers website development, server & hosting setup, complete remote/online IT support, network setup, and supply of networking/IT hardware (routers, switches, servers, cabling, CCTV and related equipment) (“IT Services”), to clients located within India as well as outside India (“International Clients”).
- The exact scope, deliverables, timelines and price for any IT Service will be as set out in the quotation/scope of work shared with and accepted by the client prior to commencement; these Terms apply in addition to, and in case of conflict shall be read together with, that quotation/scope of work.
- Quotations for IT Services are stated, and payments are collected, in Indian Rupees (INR), regardless of the client’s location. International Clients shall make payment through SIWAN BROADBAND’s empanelled online payment gateway / Payment Aggregator (which may include Cashfree Payments, Razorpay, Paytm Payment Gateway, PayU or such other partner as applicable), using an international debit/credit card or other mode supported by that gateway.
- Any currency conversion from the client’s local currency to INR, and any related conversion fee, mark-up or cross-border transaction charge, is determined and levied solely by the client’s card issuer/bank and is not collected, controlled or refundable by SIWAN BROADBAND.
- Where payment for an IT Service or hardware order is received from a person located outside India, in convertible foreign exchange through the banking channel/payment gateway, SIWAN BROADBAND shall treat the transaction as export of services/goods and account for GST in accordance with applicable law, including the provisions of the Integrated Goods and Services Tax Act, 2017, subject to the registrations, undertakings (including a Letter of Undertaking/LUT with the GST department, where applicable) and conditions prescribed thereunder being duly in force at the relevant time. Where any such registration/undertaking is not yet in force, applicable GST/other statutory levies shall be charged as per law then in effect.
- Work on an IT Service will commence only after receipt of the agreed advance/booking payment, unless otherwise stated in writing. Delivery/go-live timelines are estimates and may vary based on scope, client responsiveness (providing content, access, approvals) and third-party dependencies (domain registrars, hosting providers, courier/customs authorities).
- Unless otherwise agreed in writing, ownership of custom deliverables (such as a website or its custom source code) created specifically for the client shall transfer to the client only upon receipt of full and final payment. SIWAN BROADBAND retains the right to use and re-use its own general-purpose tools, frameworks, code libraries, templates and know-how in providing services to other clients.
- SIWAN BROADBAND does not guarantee, and shall not be liable for, the performance, security, uptime or content of any third-party platform, hosting provider, domain registrar, plugin, script, licence or software used in delivering an IT Service, beyond passing through the warranty (if any) offered by that third party.
- Hardware supply & international shipping. Where hardware is ordered, it will be shipped via a courier/logistics partner (e.g. DHL, FedEx or equivalent) to the address provided by the client. For shipments outside India: (a) the client is solely responsible for compliance with the import laws, customs regulations, duties, taxes and any product-certification requirements of the destination country; (b) SIWAN BROADBAND is not liable for delay, seizure, return or destruction of a shipment by customs or postal/courier authorities in the destination country, or for any cost thereby incurred; (c) hardware exports are subject to compliance with India’s applicable Foreign Trade Policy, export-control and DGFT regulations; SIWAN BROADBAND reserves the right to decline any order that it believes may violate such regulations or applicable international sanctions/export-control restrictions.
- Any manufacturer warranty on supplied hardware is passed through to the client as-is; SIWAN BROADBAND’s own liability, if any, for defective hardware is limited to repair or replacement (or, at SIWAN BROADBAND’s discretion, refund of the hardware price only) and does not extend to consequential loss, business interruption, or shipping/customs costs already incurred.
- The client confirms that it is not a person or entity restricted or prohibited from receiving services/goods from India under any applicable law, and that use of the IT Services/hardware supplied will not violate the laws of the client’s own country.
- These Terms, and any IT Services or hardware supply contract entered into with an International Client, shall be governed by the laws of India; the dispute-resolution and jurisdiction provisions in this document shall apply equally to International Clients, unless a separate written agreement expressly provides otherwise.
Any correspondence may be sent by registered post or courier to: Crystal Broadband and Computer Pvt. Ltd., C/O Dhananjay Sharma, Hospital Road, in front of Gaushala, Siwan – 841226.