Terms & Conditions

Oystel Business Broadband

The following are the terms and conditions of the tariff Plan (“Plan”) chosen by you for subscription of Oystel Business Internet Services, a high-speed internet connectivity solution and voice services offered by Oystel Communication and/or its affiliates. Your use of the Services signifies your agreement to these terms.

Services

• 2.1 Our Services are provided through wireless or wireline media, subject to technical and commercial feasibility assessed by us or our Affiliates. Services provided shall be as per the terms and conditions of the Enterprise customer application (E-CAF) executed by you , Unified License granted by Department of Telecommunications (DoT), Government of India, directions issued by DoT, Telecom Regulatory Authority of India (TRAI) and other competent govt authorities, in compliance with applicable laws.
• 2.2 You are required to (i) provide a dedicated, safe and secured space for deploying, housing various telecommunication equipment, optical fiber cables, Business Gate way with adapter , backhaul equipment comprising of mounting pole, out door unit, reverse multi dwelling unit , (RMDU)/splitters, cables, and/or any last-mile components,( collectively referred to as “Backhaul Equipment”) installations, and accessories (“Equipment”) which are exclusively owned by us , at the relevant locations or your premises (“Premises”/ “Sites”) (ii) arrange all necessary consents, permissions, right of way for laying OFC, accessing the Premises, from the owners/ landlords of the Sites and execute or arrange execution of necessary consent forms / documents as per the process defined by us. Equipment installed and commissioned by us at your Premises shall always remain our exclusive property. We may levy applicable charges stipulated by us for installation, relocation , of Equipment at your request.
• 2.3 Subject to the Plans opted by you, voice services i.e. national (Local +STD) outgoing and incoming calling services can be availed by default, (for which separate itemized billing will not be applicable) unless a limited calling facility is opted by you ( i.e. either incoming / outgoing only facility). You should always power on the Equipment, for availing the Services . You may download  App using your devices connected with the Business Gateway for availing Voice services. Subject to feasibility of the Business Gateway and adapter, you may arrange your own POTS phone (normal telephone instruments) for voice services . ISD plans if any, are optional and to be subscribed by you separately, if required. The fixed line number provided shall always remain our property and retention of same shall not be permitted in case of surrender or termination of Services. The Plans chosen by you are intended only for own use of included Services. We reserve the right to discontinue the free Voice benefits offered as part of the Plan in case of misuse/ fraudulent use/unauthorized telemarketing and commercial use. As per TRAI regulations, the tariff is charged depending upon the duration of the call which is recorded to be within +/- 1 second, traceable to an appropriate time reference. Your usage will be rounded up to the next higher pulse for voice & data usage. No carry forward of the benefits is allowed, unless specified otherwise.
• 2.4 We will have the right to share Backhaul Equipment with our affiliates, third parties and other customers in any manner whatsoever, for which no separate consent shall be required. Services shall be activated post installation, commissioning and testing of Equipment, other incidental materials, if applicable, after due verification of documents submitted and billing shall commence accordingly. Services activated shall be deemed to be accepted on the same day and concerns if any are to be notified within seven (7) days from the date of activation of Services.
• 2.5 We reserve our right to vary the terms and conditions of Services or any of any additional / supplementary services (if applicable) due to any changes in law or otherwise and in such events these terms and conditions are deemed to have been amended in accordance with such changes in law , policies , regulations or instructions of competent authorities as applicable.
• 2.6 Static IP provided by us for use shall be returned once the link is surrendered or terminated Service Level Agreements (SLAs) if any, agreed shall be effective, post activation of Services. The Service Uptime Percentage, does not include Downtime resulting in whole or in part from one or more of the following causes and shall be excluded from the SLA obligations (i) Any act or omission on your part, including but not limited to failure to notify our Customer care Desk through the process defined by us in case of a Service Disruption (ii) if the Last Mile Access (Fixed Line / wireless) from third party that is not provided or managed by us (iii) failure of your applications, equipment, or facilities including any third party equipment (iv) any refusal by you to allow testing or repair of Service or Service Equipment and use by you of the Service on an impaired basis, including but not limited to your failure to allow/provide access to Customer Premises to the our representatives / personnel due to any reason of whatsoever (v) In case you are not providing stable power with back up and the other infrastructure required for Equipment and/or CPE (vi) Events or occurrences that result in “No Trouble Found” Trouble Tickets or Services restored automatically (vii) Trouble Tickets associated with new installations or upgrades (viii) Customer initiated change request in the Services while the change request is under progress (ix) Planned repairs, modifications or maintenance notified to you in advance, (x) Unauthorized changes to Service Equipment or CPE made by you without notifying the Company, (xi) Suspension of Service by the Company (xii) Occurrence of any Force Majeure Events, (xiii) Customer scheduled maintenance. Subject to the exclusions mentioned herein Service Uptime Percentage” is calculated as {1– (Total down time within SLA Measurement period / Total time in the SLA Measurement Period ) } x 100, on per link basis and the SLA measurement period shall be on quarterly basis. In case of non-maintenance of the committed service levels by us subject to the exclusions specified herein, you shall be entitled for a rebate in the form of Service credits as compensation and sole remedy towards the non-maintenance of committed service levels by us, which will be adjusted in the subsequent billing cycles or as extension of Services as the case may be. The SLA shall be computed quarterly basis as applicable based on a request from you within seven (7) days from the date of expiry of the respective SLA measurement period. Subject to review and acceptance of your claims for SLA rebates, service credits shall be provided. For the sake of clarity no service credits will be applicable for a service up time of 98.5 % or more. However you will be entitled for a (i) service credit of one (1) day in case the service up time maintained is between 96.49 % to 96.49% (ii) service credit of two (2) days for a service up time of 96.49 % to 96.49% (iii) and a service credit of three (3) days in case the service up time is below 95% , which shall be the maximum service credit entitlement for the subscribed Plan during the relevant SLA measurement period.
• 2.7 Any service request which requires visit to your Premises shall be attended by our representatives during the business hours (from 10 AM to 6 PM) for carrying out any operations and maintenance activity and the time lines applicable for any repairs / restoration of connectivity to be construed accordingly

• Charges

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• 3.1 You agree to pay the necessary charges as per the Plan offered by us and chosen by you. You will also remain responsible for the cost of any repairs to the Equipment necessitated by loss or damage attributable to you, as assessed by us or our affiliates and will be invoiced to you accordingly. GST and other taxes as applicable will be charged extra on the total invoiced amounts. Lock in period and exit charges (applicable in case of premature termination or surrender of Services) will be applicable if specifically mentioned in the Plan opted by you.
• 3.2 In case of Post-paid Plans, delay in payment of bills beyond the stipulated dates shall entail a charge @ two (2%) percent of the bill value or Rs.100/- (Rupees one hundred only), whichever is higher, in addition to the pending bill charges. We will have the right to suspend / terminate the Services partially or fully due to non-payment.
• 3.3 Goods and Service Tax (GST) and other indirect taxes, as may be applicable will be charged and shown separately over and above the billed amount. Any other taxes, statutory charges ( present or future as applicable will be charged to you without any notice and shall at all times be deemed to be payable. All E-Bills will be sent to you to your e-mail address registered with us.
• 3.4 An interest free refundable Security Deposit as solely determined and communicated by the Company (if applicable) deposited, shall be deposited by you in the manner stipulated by the Company, as per the Plan chosen by you, will be refunded upon surrender or termination of Services subject to deduction of any outstandings, any sums due from you due to non-return or damage caused to Equipment if any provided by us or our Affiliates .In case the net amount after adjustment , if any, payable to or recoverable by us is not refunded within stipulated period of sixty (60) days, an interest at the rate of ten (10%) percent per annum will be paid for the period of such delay.
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• Privacy

Oystel may collect personal information related to You and or your users, which shall be used by Oystel as per its privacy policy.

Tariff Plan Validity, Termination, and Suspension of Services

You are entitled to use the Services during the validity of the Plan subscribed, subject to our right to suspend or terminate the Services without incurring any liability towards you in the event of (i) non-payment or delay in payment of any outstanding dues or charges (wherever applicable) or (ii) non-permissible use of Services, unauthorized use of any Equipment or (iii) any instruction or direction from regulatory authorities/ competent government authorities to suspend or terminate the Services. You may surrender the Services at any time after issuing advance intimation to our Customer Help Desk after following the process defined by us and the Services shall be ceased to be effective within the time limits prescribed under regulations in this regard. No refund of the amounts already paid shall be made in case of termination or surrender of Services. All Equipment dedicated for availing Services shall be returned to us, in good condition, subject to normal wear and tear as per the process stipulated by the Company from time to time.

Disclaimer

Oystel shall not be liable for any claims related to damage, injury, loss of data, information or other content in connection with the use of Services, any interruptions, malfunctions in the Services which are caused due to third party carriers/ service providers, other third parties or due to any Force majeure events. We disclaim any liability in connection with violation of applicable laws, intellectual property infringement, indecent, offensive materials transmitted by you or the users permitted by you and you shall keep indemnified, defend, hold harmless, us against any such third-party claims, legal proceedings, awards, costs, penalties etc.

Limitation of Liability

Neither party shall be liable to the other under these terms for indirect, special, consequential, incidental, exemplary or punitive damages, even if the parties are aware of such possibilities. Our total cumulative liability, be it in tort, contract or otherwise shall not exceed the portion of service charges received during the relevant year respectively for which the liability has arisen. We make no representations about the compatibility, suitability, reliability, availability, timeliness and accuracy of the Equipment, and/or any Services.

Governing Law and Dispute Resolution

Subject to the jurisdiction of competent courts of Uttar Pradesh, India any dispute between the Parties shall be referred to a sole arbitrator appointed by mutual consent of the Parties. The seat and venue of arbitration shall be Uttar Pradesh. The governing and applicable laws will be the laws of India. The arbitration may be conducted virtually through such video conferencing or other audio-visual means as may be mutually agreed by the Parties.