Hayai Broadband - Subscriber Terms & Conditions

mgcarley

Founder, Hayai Broadband
[OP]
Regulars
Jun 22, 2009
6,298
113
When you sign up for Hayai Broadband on our website, a PDF with a unique serial number is generated with all of the details that you've given us as well as a set of terms and conditions. This would need to be printed out & signed when our sales guy comes to complete the formalities, and includes an approximate date of installation.

This set of T&C has been basically ripped off from other ISPs in India and I've modified some of them a little bit to suit our needs, and now that the launch is nearing, I thought I should share the draft T&C that we're kicking about the "office".

HAYAIBROADBAND REGISTRATION FORM

ACTIVATION DATE: 31 August 2011 (or next working day)
SUBSCRIBER NAME: (from subscribers entry on website)
SUBSCRIPTION ADDRESS: (from subscribers entry on website)
(from subscribers entry on website)
CITY / PIN: (from subscribers entry on website)
STATE: (from subscribers entry on website)
PHONE (at subscription premises): (from subscribers entry on website)
ALTERNATE PHONE: (from subscribers entry on website)
FAX: (from subscribers entry on website)
MOBILE: (from subscribers entry on website)
EMAIL: (from subscribers entry on website)
TYPE OF CONNECTION: (from subscribers entry on website)
PLAN: (from subscribers entry on website)
PRICE: Rs. (automatically generated based on plan)
SERVICE TAX: Rs. (automatically generated based on plan)
DATA TRANSFER / FAIR USAGE: (automatically generated based on plan) GB
VALIDITY: (automatically generated based on plan) Days
INSTALLATION CHARGES: Rs. (automatically generated based on plan)
MAKE/MODEL OF CPE:
CPE SERIAL NUMBER:
CPE MAC ADDRESS:
PAYMENT MODE:
TRANSACTION / RECEIPT / CHEQUE NUMBER:
TOTAL PAID
(INCLUSIVE OF ALL TAXES):

Rs. _________________________
BALANCE:
ACCOUNT ID: (automatically generated by website)
VOIP ID: (automatically generated by website)
OPERATOR NAME:
OPERATOR ID:




Pleaseprint out and sign the footer of this form. Blank fields will befilled out upon delivery of equipment and collection of payment by anauthorized sales representative. Please do not hand over cheques orcash without checking the ID of any sales representative and unlessthey can provide you with an electronic receipt. If you suspect theauthenticity of a Hayai sales representative, please contact Hayaiimmediately. Passwords and relevent information shall be sent to thesubscriber by email or SMS on the date of activation if this form hasbeen filled out and received by Hayai. Use the account ID &password to access/modify account information on our website.
TERMS & CONDITIONS
FORBroadband Internet Access over Fiber Optics Cable or Wireless andother related services by Hayai Broadband Private Limited(hereafter referred to as “Hayai”).

[*] For the purpose of these terms and conditions:
1.1 “Hayai” means “Hayai Broadband Private Limited” having it's registered office at 6, Casa Diego, P.N. Kotnis Marg, Mahim. Mumbai 400016
1.2 “Services” means the services provided by “Hayai” whereby the subscriber can gain access to the Internet and, where applicable, any services & facilities the subscriber uses in connection with the service.
1.3 “Subscriber” means any person as defined under General Clauses Act (1899) who has availed of the “services” of Hayai and includes individuals / partnership firms / associations of persons / companies registered under the Companies Act 1956 or any person who is acting for and/or on behalf of the subscriber.
1.4 “Equipment” means any hardware or software components & assemblies that are required to enable “services” to the “subscriber”, including but not limited to FTTH modems, cable modems, dsl modems, VOIP ATAs, IPTV set-top boxes, Internet cards, smart-cards, POT, hubs, switches, splitters, fiber/coaxial/ethernet and other cables.
1.5 “Internet” means the global data network comprising of interconnected networks using TCP/IP (“Transmissions Control Protocol/Internet Protocol”) and identifying addresses with the IPv4 and/or Ipv6 standards.
1.6 “Information” means the visual, textual or other information published or otherwise made available (directly or indirectly) on the Internet using “services”.
1.7 “Third Party Content” means all information, software and other content provided by any independent third-party that can be accessed through or by virtue of the “services”.
[*]Hayai reserves the right to verify the information provided by the subscriber in the application form, to use the same at it's discretion and the right to grant of refuse the services to the subscriber.
[*]This contract shall run in concurrence with the License Agreement between the Department of Telecommunications and Ministry of Communications, Government of India, and Hayai for the operation of Internet services subject to other terms and conditions contained within this contract.
[*]Hayai agrees to provide subscriber with the service as per the terms and conditions of this contract.
[*]The service is provided on an “as is and available”basis for decent & lawful purposes without any warranties of any kind.
[*]Hayai does not guarantee error-free service or that any information, software or any other material accessible through the service is free of viruses, worms, trojan horses or other harmful components.
[*]The service remains the exclusive property of Hayai and at the termination of this contract, prompt return of all equipment is expected and the subscriber's right to use or access the services ceases.
[*]The subscriber is reponsible for & must provide full access to any and all equipment necessary to access the services. Hayai reserves the right to disconnect or deactivate subscriber's access to services without prior notice including situations where the subscriber's equipment or software is interfering with Hayai services or computer(s) and/or network(s) owned by other Hayai subscribers.
[*]The subscriber shall permit Hayai or it's authorized representatives sufficient & timely access during any day of the week to verify / install / inspect the necessary equipment at the subscriber's premises.
[*]Subscriber agrees to pay Hayai the installation, activation, subscription & other charges along with the statutory taxes & levies that are in force at the time of such payments as and when they fall due as they may from time to time be notified by Hayai.
[*]Hayai will invoice/bill subscriber on a periodic basis, which will either be emailed, couriered, posted or faxed to the subscriber.
11.1 Account information (including but not limited to billing limits, invoice amounts/account balances and payment information) is accessible online through the Hayai website, and payments may be made online through a variety of payment options, such as credit/debit cards and Internet banking.
11.2 Plans may be changed online except where additional equipment is required to be installed at the customer premises to access the new plan. Plan changes shall take effect within 7 days or at the beginning of the next billing cycle, whichever is earlier.
11.3 Typical invoice terms are on a 30-day billing cycle, payable in advance except where otherwise agreed and/or per the plan invoice terms.
11.4 It is the subscriber's responsibility to enquire about subscriber's outstanding balance and in the case of non-receipt of a bill, subscriber shall contact Hayai and arrange payment by the due date to avoid interruption of services.
11.5 Hayai shall not be responsible for any delays or loss in transit of the bill or invoice.
11.6 Hayai reserves the right to withdraw / suspend / terminate the services partially or fully with or without notification to the subscriber in the case of non-payment by the due date or in case subscriber's payment instrument is returned to Hayai for whatever reason by subscriber's bankers. In the case of discontinuation / disconnection of services, the charges/fees paid by the subscriber shall not be refunded under any circumstances whatsoever unless otherwise authorized by senior management.
[*]All payments must be made in full by the due date mentioned on the invoice/bill. In the case where a cheque is dishonoured, subscriber shall be liable to pay the penalty of 2.5% (two point five percent) per month of the value, subject to a minimum of Rs 150 (Rupees one hundred and fifty) per instrument & any other charges as may be applicable.
[*]Reinstatement of services will require full payment of any outstanding balances & other charges plus a reactivation fee of Rs 150 (Rupees one hundred and fifty) unless prior arrangements have been made with Hayai (such as temporary disconnection of 3 (three) months or less).
[*]All the terms and conditions of the services and payments shall be notified by Hayai from time to time by way of services terms and conditions and shall be binding on the subscriber. All subsequent services / packages / documentation issued by Hayai from time to time shall be binding on the subscriber, including but not limited to any data limits or fair-usage policies implemented by Hayai to ensure maximum network performance, and subscriber agrees to adhere to any data / billing limits or fair-usage policies by choosing a plan suitable to the usage required by the subscriber.
[*]Reproduction or distribution, publication, copying, downloading or exploitation of any third party content by the subscriber may cause legal risk to the subscriber and in this case subscriber shall be liable for infringement of copyright or any applicable laws.
[*]Subscriber is required to ensure that objectionable or obscene messages or communications, which are inconsistent with the established laws of the country are not generated / sent by the subscriber. Subscriber understands that the Internet contains unedited material, some of which is sexually explicity or pornographic and which may be offensive to some people, and access to such material is at the subscriber's own risk.
[*]Subscriber is responsible for notification to Hayai of any changes to any information provided when registering for the service, by email, fax, courier or post. Excepting address & identification changes, some information may be managed via Hayai's website. Where communication to subscriber becomes impossible due to non-notification of changes to subscriber details, Hayai reserves the right to suspend or terminate service and collect equipment from subscriber's former or current premises.
[*]Subscriber is not allowed to share / resell or distribute the services in any manner under any circumstances without prior written authorization. Any subscriber found to be violating this condition will be subject to stiff penalties and/or prosecution.
[*]Department of Telecommunications and Government of India has banned Internet Telephony (VOIP) from interacting with PSTN networks or having e.164 compliant telephone numbers assigned with Indian prefixes.
19.1 Subscriber may use such services for communicating with PSTN networks or VOIP services outside of India, including the assignment of phone numbers from other countries to subscriber's software and/or analogue telephone adapter (ATA).
19.2 Subscriber may make use of Hayai's own VOIP service to call other Hayai subscribers using non-geographic numbers & be allotted a phone number from a country other than India.
[*]Subscriber shall comply with the provisions of the Cable Televisions Networks Regulation Act (1995), the Indian Wireless Telegraphy Act (1855), the Indian Wireless Telegraphy Act (1933), the Indian Copyright Act (1956) and the guidelines on Internet services and usage number 845-51/97 VAS and the rules made under these acts.
[*]Hayai provides services on a best effort basis, and will strive to ensure maximum uptime of services. Hayai shall not be liable for any downtime of the services (excepting for services including an SLA) and offers no guarantee of end-to-end bandwidth on the Internet. Hayai may suspend services during technical failures, modifications, repairs or testing of the services and/or new and/or replaced network components and shall not be liable to refund any amount to the subscriber when the services are interrupted / suspected owing to causes and/or reasons beyond it's control.
[*] Terminations of this contract shall not effect any accured rights or liability of either party, nor shall it affect the coming into force of the continuance of any provision hereof which is expressly or by implication intended to come into or continue in force after such termination.
[*] The subscriber agrees to indemnify Hayai for any defamation, infringement of any law, rules or regulation in force from time to time and for any other defamation, infringement against Hayai or it's representatives.
[*]Hayai reserves the right to modify the terms & conditions of this contract in part or in full, fees and/or service plans, operating procedure, late charges. Hayai reserves the right to amend or discontinue the services or aspects of the services offered to the subscriber. Where possible, this shall be effected with a minimum notice period of 30 days after a consultation period of 60 days to the subscriber.
[*]If the subscriber breaches any of the terms and/or conditions of this contract, Hayai may at any time and without prejudice to any other remedy available under any law, either suspend the services or terminate this contract.
[*]The parties to this contract may terminate this contract without cause and without prejudice to Hayai's rights as specified in this contract by serving at least 30 days written notice on the other side by informing by post, courier, electronic mail or fax. Where this contract is terminated, Hayai expects the return of any equipment provided to the subscriber to the company.
[*]Hayai shall not be liable to the subscriber in any manner whatsoever for any delay or failure in providing the service, if the same is related or connected, directly or indirectly to any reason that is beyond the control of Hayai. For this purpose, a matter beyond the control of Hayai shall include, but not be limited to the following:
(I) Delay or disruption in the services attributable directly or indirectly to the lines of the gateway services provided.
(II) Delay or disruption in the services attributable directly or indirectly to the direction of any statutory and/or regulation authorities.
(III) Delay or disruption in the services attributable directly or indirectly to a change in law.
(IV) Any obligation under it shall be provided or delayed by reason of war, hostility, fire, civil commotion, public enemy, sabotage, flood, earthquake, riots, bomb-blast, explosion, strikes, epidemic, quarantine, lock out or anything that may be classed as an “Act of God”.
[*] In the event of any question, dispute or difference arising out of provision of the services, the matter shall be referred to arbitration. The arbitration shall be governed as per the Arbitration and Conciliation Act (1996), and the arbitration shall be held in Mumbai.
[*]Hayai may assign this contract at any time and that will be binding on the subscriber.
[*] Neither this contract nor related services are transferrable by the subscriber in any manner or under any circumstances.
[*] The warranty period for wiring is valid for the first 90-days. After this period has lapsed, wiring and extra wiring shall be charged extra.
31.1 In the event that a subscriber's services have been disconnected for 90-days or more, subscriber shall have to pay relevent reactivation charges.
[*]Unless otherwise specified in this contract, any notice or other communication to be given by Hayai under this contract shall be in writing and shall be servied by email, fax, courier or post to the address specified by the subscriber. Any consultations with a notice period shall additionally be made in public and shall be available on the Hayai website.
[*] If any of the terms and conditions of this contract become or are declared illegal, invalid or unenforceable for any reason, such term or condition shall be divisible from this contract and deemed to be deleted. If any provision of this contract is determined to be invalid, the other provision(s) shall remain in full force and effect.
[*] Neither the course of conduct between the parties nor trade practice will modify the provisions of this contract.
[*]The provisions of all obligations of and all restrictions on the subscriber will survive the termination of this contract.
[*] No failure on the part of either party hereto to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby by law.
[*] The laws of India govern the contract and the parties hereto shall be subject to the jurisdiction of the courts in Mumbai.
[/list]ACKNOWLEDGEMENTBY THE SUBSCRIBER


I/WEAGREE that we have read andconfirmed the terms and conditions of services mentioned on the orderform. I/WE have acknowledged the terms and conditions of thiscontract may be subject to change by Hayai BroadbandPrivate Limited and that I/WEwill be informed of such changes in a manner demanded by Hayai andthat I/WE may have to acknowledge any amendments to this contract inthe future in order to ensure uninterrupted service from Hayai.


I/WECONFIRM that the informationgiven on the order form attached to this contract is true and correctand that we agree to abide by the terms and conditions of thiscontract.






Signature: ________________________________________________________


Name: ________________________________________________________


Date: 24 August 2011


Verifiedby: _____________________________


ID: _____________________________
 

kunalgautam

-
Regulars
Nov 16, 2010
500
29
Cannot Terms and Condition made of smaller fonts :p


and "Hayaiimmediately." == "Hayai immediately." and many more :p
 

sachinbr

Regular
Regulars
Apr 27, 2011
759
35
lol this below statement is funny of T&C point 31

"


[*] The warranty period for wiring is valid for the first 90-days. After this period has lapsed, wiring and extra wiring shall be charged extra.
31.1 In the event that a subscriber's services have been disconnected for 90-days or more, subscriber shall have to pay relevent reactivation charges I dont think this is good thing. What the subscribers have to do if Fiber breaks by some rain(like tree branch falling on it....)
[/list]
 

hitman

Regulars
May 10, 2005
2,678
71
New Delhi
Seriously do anyone read T&C ?? we accept it dude whtever it says.. just bring hayai to delhi :D
 


mgcarley

Founder, Hayai Broadband
[OP]
Regulars
Jun 22, 2009
6,298
113
Cannot Terms and Condition made of smaller fonts :p


and "Hayaiimmediately." == "Hayai immediately." and many more :p

Maybe draft has not be subjected to spellcheck :D

And... yeah, they could be smaller fonts: the copy I was working from was but a single page - I've spread it out to 4!!

So I guess you are close to launching?

Yes.

lol this below statement is funny of T&C point 31

"

[*] The warranty period for wiring is valid for the first 90-days. After this period has lapsed, wiring and extra wiring shall be charged extra.
31.1 In the event that a subscriber's services have been disconnected for 90-days or more, subscriber shall have to pay relevent reactivation charges I dont think this is good thing. What the subscribers have to do if Fiber breaks by some rain(like tree branch falling on it....)
[/list]

Well, since we're going to try not to use overhead fiber (unless underground is impossible), hopefully a tree falling on cables shouldn't affect our fiber, but in the event that it did, that would be our responsibility anyway.

i think he is talking about the wiring inside your house and not on the way to your house. :confused:

Spot on. The warranty on wiring is more like anything that we install in your house itself, whether it's a spliced fiber or if we make you an ethernet cable or something (although we are using pre-terminated stuff where possible to save time/effort/mistakes).
Seriously do anyone read T&C ?? we accept it dude whtever it says.. just bring hayai to delhi :D

That's probably not the best policy to have, really - that's why I'm sharing the T&C in advance so that everyone can know what the deal is, even if I still think they need work and a few extra clauses (like our money back guarantee, clarification on FUPs and so forth).
 

Sid

Sid
Regulars
Aug 18, 2009
2,306
47
BlackHole
I am waiting in my balcony! i will sleep, eat (bathing etc in bathroom :p) and will wait for hayai broadband thr only! lol kiddingHope to see HAYAI soon in NCR region :) Congratz on the move tho. :victorious:
 

mehrotra.akash

Regular
Regulars
May 17, 2008
915
6
[*]The parties to this contract may terminate this contract without cause and without prejudice to Hayai's rights as specified in this contract by serving at least 30 days written notice on the other side by informing by post, courier, electronic mail or fax. Where this contract is terminated, Hayai expects the return of any equipment provided to the subscriber to the company.
[/list]30 days.. most other isp's terminate billing in 5-10 days
is this just a worst case scenario clause, or is it going to be standard policy.


11.2 Plans may be changed online except where additional equipment is required to be installed at the customer premises to access the new plan. Plan changes shall take effect within 7 days or at the beginning of the next billing cycle, whichever is earlier.

werent plan changes supposed to be instant (you could change your plan instantly online IIRC -- I may be wrong though)

11.3 Typical invoice terms are on a 30-day billing cycle, payable in advance except where otherwise agreed and/or per the plan invoice terms.

so, everything is prepaid?

anyways its not as if anyone reads the T&C.. esp for operators like Airtel
you need a lawyer to decode the T&C
 

mgcarley

Founder, Hayai Broadband
[OP]
Regulars
Jun 22, 2009
6,298
113
I am waiting in my balcony! i will sleep, eat (bathing etc in bathroom :p) and will wait for hayai broadband thr only! lol kidding


Hope to see HAYAI soon in NCR region :) Congratz on the move tho. :victorious:

...err... Nurse... he's out of bed again!


[*]The parties to this contract may terminate this contract without cause and without prejudice to Hayai's rights as specified in this contract by serving at least 30 days written notice on the other side by informing by post, courier, electronic mail or fax. Where this contract is terminated, Hayai expects the return of any equipment provided to the subscriber to the company.
[/list]30 days.. most other isp's terminate billing in 5-10 days
is this just a worst case scenario clause, or is it going to be standard policy.


From memory the TRAI regulation says 7. Maybe the page I have is quite old but that's directly copied from it!

11.2 Plans may be changed online except where additional equipment is required to be installed at the customer premises to access the new plan. Plan changes shall take effect within 7 days or at the beginning of the next billing cycle, whichever is earlier.

werent plan changes supposed to be instant (you could change your plan instantly online IIRC -- I may be wrong though)


Yes, within one hour - on the proviso that there is no new equipment required (eg you're not changing from Hayai Lite to Hayai Fibre or vice versa). 7 days in that case should be worst case scenario.

11.3 Typical invoice terms are on a 30-day billing cycle, payable in advance except where otherwise agreed and/or per the plan invoice terms.

so, everything is prepaid?

Except the postpaid data plans with the billing limit, yes, this has always been the case. Saves on bill-shock, allows you to control your monthly spend and so forth. This prepaid thing does come with a money back guarantee in the event that we do manage to provide a shoddy service.

A very very large percentage of complaints with ISPs & phone providers are about billing - we want to eliminate that as much as possible so that we can concentrate on the service itself. And none of this charging 50p for 3 minutes talking with tech support, either.

anyways its not as if anyone reads the T&C.. esp for operators like Airtel
you need a lawyer to decode the T&C

I hope ours will be simple enough for any reasonably educated person to understand. I speak legalese and even I scratched my head at a couple of things (but I think that was mistakes on the original rather than legalese itself because it would have short phrases repeated twice in the same sentence or something.
 

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