The term & Condition (informed as "Terms") herein shall form the part of Customer relationship form (CRF) which determines the use of internet, Content & Value-added services (collectively referred as "Services") mentioned herein and signed by the customer and the same shall be legally binding on the Customer.
Customer can accept the terms by signing the E-CAF form and Tariff selection or by clicking to accept or agree the terms where this option is made available to the customer by Nextra, in the user interface for any service. Also, if a customer starts using the services, then the customer's use of services will be treated as acceptance of the terms.
Nextra Communications Pvt. Ltd. also referred as "Nextra"/ "Service provider" having its Registered office at Plot No 4B, District Centre, Tricon Tower, Mayur Vihar extension, New Delhi-110091. Who has been granted License by Department of Telecommunications (DoT). Ministry of Communications and information Technology, Government of India, for providing internet service in PAN India region (hereinafter call as "Licensed Service Area").
The period of subscription shall commence upon Nextra accepting, after due verification, the customer relationship form (CRF) overleaf, duly signed by the customer and shall run in concurrence with Nextra's License Agreement with DoT and shall be subject to all applicable laws, rules, regulations, notifications, order, directions of the Government/Court/Tribunal/TRAI/ Indian Telegraph Act, 1885, and shall further be subject to the terms of this CRF.
1.1. Customer must pay to Nextra the Tariff charges as published and notified by Nextra and shall be governed by the rules and regulations as specified by TRAI from time to time. The rules and regulations of India Telegraph Act, 1885 (including amendments thereto made from time to time) will be applicable to each customer and in case of any repugnancy, the said rules/ regulations shall have overridden effect over this Form.
1.2. Customer agrees that he is fully conversant with the service(s) provided by Nextra together with its specifications, requirements, limitations, etc and has signed this Form knowing and having such understanding.
1.3. Nextra reserves the right to seek/ verify the particulars provided in CRF and/ or financial information from independent sources and may also carry out other verifications as deemed necessary.
1.4. Nextra reserves the right to reject any application, for any reason, without liability whatsoever. Documents/ details submitted by customer along with CRF or any other enrolment form are subject to verification/clearance/acceptance by Nextra. In case of non-acceptance/ rejection of documents, refund, wherever applicable, will be made according to regulations from time to time, information provided by the customer or gathered by Nextra shall become the property of Nextra even if the application is rejected.
2.1.1 Service shall be provided within a reasonable time after receipt and acceptance of CRF by Nextra and subject to technical feasibility, Nextra will connect equipment to the network and will use all reasonable endeavours to maintain connection and provide service throughout enrolment period.
2.1.2 Quality, functionality and/or availability of services may be affected and Nextra without any liability, whatsoever, is entitled to refuse, limit, suspend, vary or disconnect, at any time, for reasonable cause, including, but not limited to:
2.1.3 Privacy of communications is subject to the Government's regulations/ rules/ direction (in force from time to time) and any such other factors including but not limited to, matter relating to national security and defence.
2.2.1 Nextra is entitled to add/ alter or withdraw any additional or supplementary services including the charges related to the said services at any time, in its sole direction within the realm of TRAI guidelines. Provision of additional/ supplementary services shall be on such other/ additional terms as specified by Nextra from time to time and such other terms/ condition shall be deemed to be a part and parcel of this CRF.
2.2.2 All discounts or other special benefits, schemes pertaining to the service and/ or additional/ supplementary service announced from time to time shall be valid for a particular period as decided by Nextra. Nextra shall further have the sole right to withdraw/ vary/extend any/ all such discounts or benefits at any time, without any notice and without incurring any liability whatsoever in this regard whether directly, indirectly or consequential.
2.2.3 It is understood by the customer that the scheme if any, opted by him/ her may be withdrawn or extended by Nextra at its sole discretion and that customer shall not have any claim or right in such eventuality.
2.2.4 Different plans/ schemes shall have corresponding price/ charges/ fees/ rates and terms & conditions, all of which are subject to change by Nextra from time to time, but within the overall guidelines of TRAI.
2.3.1 Nextra makes no express or implied warranties, guarantees, representations, regarding the service/ equipment etc. Unless expressly mentioned in this CRF.
2.3.2 Nextra offers no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, trojan horses or other harmful components.
2.3.3 Nextra shall not be liable to the customer and the customer hereby waives and agrees to continue to waive all claims/ actions of any delays, losses including, but not limited to, loss to business, profit, revenue or goodwill demands, fees, cost, expenses, order judgment, etc. direct, incident or consequential arising out of any delays, error or defects or other failure with respect to the service(s), equipment or billing, payment or collection to the extent such interruption, delay error or defect is a result of or reason covered in clause 2.1.2 hereof. Further, the customer remains sole responsible for his own negligence acts or omission.
2.3.4 Under no circumstances shall Nextra will be liable for any direct, indirect incidental special punitive or consequential damages that may result in any way from the customer's use of or inability to use the service(s) or access the internet or any part thereof, or the customer's reliance on or use of information, service or merchandise provided on or through the service, or that may result from mistakes, omission, interruptions, deletion of files errors defects delays in operation or transmission or any failure of performance thereof.
2.3.5 Nextra will not be responsible for any acts of franchisees of any other third party with regards to scheme which are not expressly authorize writing by Nextra or which are purported to have been offered on behalf of Nextra without seeking explicit and specific sanction in written from Nextra.
2.3.6 Nextra shall not be liable for any act of commission or omission of any third-party suppliers/ manufactures/ including any agency offering any privilege or benefits to customer.
2.3.7 Nextra shall not be held liable for misuse of the customer's services/ equipment under any circumstances including but not limited to misuse on account of access by third parties to such confidential password/ CPE information.
3.1 The billing cycle shall run on a monthly basis, or such other frequency as may be decided by Nextra from time to time. Customer is responsible to pay his dues to Nextra by the prescribed date, as mentioned in the bills/ Invoices/ statements issued by Nextra.
3.2 Payment through modes like Cheque/DD/Online should be made at the payment centre or other means as may be communicated by Nextra from time to time. Outstation cheque not at par, postal order or money orders will not be accepted. Outstation cheques at par will be accepted. For other payment options, please log on to Nextra's website.
3.3 The customer owns the liability for the cheques submitted. Any such cheque getting dishonoured, shall invite penalty on the customer as decided by Nextra and without prejudice to the statutory (civil and criminal) remedies available to Nextra under the law.
4.1 The customer shall pay his bills by the due date in favour of Nextra as per the plan or scheme opted by the customer from time to time. It is the customer's responsibility to inquire about his dues from Nextra at the end of each billing cycle and settle the same even in case of non-receipts of bills.
4.2 The customer shall pay all dues in full, without any deductions, set-off or withholding whatsoever, in respect of all services availed, whether or not these exceed the assigned credit limit.
4.3 In case a customer contends that he has been billed wrongly, the customer shall pay the amount outstanding against the said bill and raise a claim separately to prove his contention within 30 days of the disputed bill date. After necessary examination and scrutiny (In case of both Post-Paid/ Pre-Paid), If the contention of the customer is provided, then Nextra shall in case of Post-paid, refund the excess money collected and in case of Pre-Paid, credit the excess amount to the customer's account, without changing the validity of the account.
4.4 Nextra shall be entitled to bar the availability of services upon reaching and/ or exceeding the credit limit/ deposits.
4.5 Payments against the due bills, if made beyond the due date, shall entail late payment fees of Rs. 100 or 2% of the amount due, whichever is higher or as maybe decided by Nextra from time to time. This, however, is without prejudice to Nextra's right to suspend or disconnect the services partially or fully due to Non-payment. If a customer is under temporary disconnection and does not apply for reconnection within a stipulated time post paying all outstanding amount, then Nextra reserves the right to permanently terminate the service. If a customer is under permanent disconnection and decides to resume the service, the customer will have to pay all outstanding amounts and apply for fresh activation of service (s) by signing a new CRF with applicable activation and other charges.
4.6 Nextra will send bills to the billing address of the customer as given in the CRF. Any change in Billing Address shall be communicated by the customer as per prescribed procedures and Nextra reserves the right to verify the change of address before acknowledging the change in its records.
4.7 The customer shall deposit amount(s) such as security deposit or advance payment to Nextra as determined by Nextra from time to time as part of the Tariff plan, Nextra reserves the right to forfeit/adjust/ apply the said security deposit amount in full or in part satisfaction of any sum due from the customer at any time. However, the customer shall continue to be liable for such sum due to Nextra. No interest shall be paid on the deposit(s). Nextra reserves the right to withhold the amount of deposit(s)/ advance(s) etc., any time in its sole discretion. Nextra may call for advance/ additional security deposit for services requested by the customer.
4.8 Router will be provided on security deposit of Rs. 1500/- basis and warranty of router will be for one year, if after one year router turned to faulty then device will be replaced but security will be forfeited. New replaced router will be under warranty for next one year and if within one-year router faulty then it will be replaced by Nextra with no additional cost, but if after one year again router faulty then customer supposed to pay router charges of Rs. 1500/- and it will be on sold basis.
4.9 All taxes, present and future, and additional Taxes/Cess/GST/Duties etc., that may be levied by the Government/ local authorities, etc. with respect to the services will be charged to the customer's account.
4.10 The customer shall and undertakes to fully comply with all applicable laws, bye-laws, rules, regulations, order direction, notifications, etc, including without limitation to the provisions of the Indian telegraph Act, 1885, the Indian Telegraphs Rules, 1985 made there under, TRAI Act, and any amendments or replacements made thereto from time to time issued by the Government/Court/Tribunals/TRAI and shall also comply with all the direction issued by Nextra which relate to the network, service, equipment, or connected matter. Customer shall provide Nextra with all the co-operation that it may reasonably require from time to time in this regard.
4.11 The customer will ensure that the services provided by Nextra shall not be used for purposes other than the purposes declared herein and the purpose is permissible under the applicable statutory or regulatory provisions issued by DoT or TRAI.
4.12 Registration of DoT under the other service provider (OSP Category): As per guidelines issue by DoT from time to time, OSP such as Call Centers (both international and domestic), Network operation Centers, Vehicle tracking system, Tele-Banking, Tele-Medicine, Tele-Trading, E-Commerce, shall have to be registered with DoT for their respective services and location of operations (for details, refer to www.dot.gov.in). Persons intending to avail Nextra services for providing the said services must first furnish the copy of registration certificate issued to them by DoT along with CRF.
4.13 In the event Wi-Fi network is installed in the customer's premises, then (a) it will be registered with Nextra, (b) The customer undertakes to use secured Wi-Fi network connection to avoid any misuse, (c) The customer undertakes that he shall be solely responsible for any use/misuse of any Wi-Fi installation, (d) Customer is required to set up and maintain its own authentication mechanism for its internet usage over Wi-Fi, (e) The customer undertakes to keep a log of all the events on Wi-Fi network for a period of at least one year and shall provide the same to the regulatory and/ or security agencies.
4.14 Nextra shall have the right to inspect the installation/billing address of the connection and customer shall provide all the necessary support and access to Nextra for the same.
4.15 It would be customer's responsibility to ensure that password/CPE information, if provided, is kept confidential. Nextra shall not be held liable for misuse of customer's services/Equipment under any circumstances including but not limited to misuse on account of access by third parties to such confidential password/CPE information.
4.16 The customer undertakes & agrees that, after installation and activation of the connection, Nextra shall not refund any amount deposited by the customer, except security amount deposited by him (if any).
4.17 The customer agrees to indemnify Nextra Communications Pvt. Ltd., its employees, agents, directors and investors for losses and expenses incurred by Nextra, which may arise out of any misuse of the service by the customer or its associates etc., if any. The customer undertakes to take all reasonable steps to prevent unauthorized access to the service. Nextra's aggregate maximum liability to the customer in respect of any direct loss whether such claim arises in contract or in tort shall not exceed a sum equal to the amount of the last issued bill or amount equivalent to one month of invoice, whichever is less.
The procedure for metering of charges, shifting, transfer, closure of services, etc., shall be such as may be determined and/or varied by Nextra from time to time.
Unless provided elsewhere, either party may terminate the enrolment by giving the other party not less than 30 days prior notice in writing, but such a notice shall not absolve the customer of its liability to make immediate payment of the amounts that may be due, outstanding as on date of termination.
The services/connection given under this CRF shall normally be non-transferable. However, the customer may seek prior consent from Nextra for seeking transfer. In case of such request being agreed by Nextra, the primary customer & transferee shall fulfil all required formalities. The primary customer shall be liable to fully discharge his duties till the date of transfer. The security deposit received from original/primary customer will be adjusted/transferred/returned, after deduction (if any) as the case may be. If Nextra is required to refund or return security deposit to the original customer, the transferee would have to give fresh security deposit to Nextra as applicable.
Nextra's acceptance of payment from a person other than the customer will not amount to Nextra having transferred or subrogated any of the rights or obligation of the customer to such third party.
It is clearly understood that installation, and/or provisioning of services required several vital and time-consuming activities inter-alia, including technical feasibility check, laying down of cable/fiber, proper wiring of the area/ premises, other technical requirements, etc., and therefore Nextra does not prescribe or hold out any fixed timeline after execution of the CRF during which the said services shall be activated. Nextra shall endeavour to activate the services within reasonable time on best effort basis and it is expressly agreed that the customer shall not be entitled to raise any claim or action or damage of whatsoever nature on account of delay in activation of services and the customer shall only be entitled to refund of the initial amount paid.
Nextra shall not be liable for any claim, loss or damage of whatsoever nature that may arise due to use/installation of equipment in customer premises that are not provide by Nextra. Nextra will have no role, whatsoever, in the equipment's functioning and warranty, etc., and will not be responsible for any defect/fault etc., at any time during the life of the equipment whether within warranty or after warranty period of the equipment. It would be sole responsibility of the customer to ensure that his/its supporting equipment is well maintained and fully backed by all required licenses and approvals. Nextra shall not, in any manner, be responsible on account of any consequences directly attributable to any malfunction of such equipment or non-procurement of such required license. Approval from concerned authorities.
The Customer understands and agrees that IP addresses allocated to the customer through Nextra are non-portable and shall continue to remain the exclusive property of Nextra.
The customer shall not remove or shift or cause to remove or shift any equipment installed by Nextra the customer's premises (the said location). In case of such shift, Nextra will not be responsible for any change in quality of service. Shifting of connection and services within customer premises or to another location would be subject to technical feasibility applicable charges would apply to customer's request for shifting of connection to new location within the premises or to another location. All equipment's and wiring supplied by Nextra shall always be the property of Nextra. The customer shall not claim any lien, charge or any form of encumbrance over such equipment at any time. Customer is responsible to protect the equipment from any theft or damage. In case of theft or damage of equipment, then the customer agrees to compensate with such amount as may be decided by Nextra.
The customer may opt to discontinue the services by providing a written notice to Nextra any time during the billing cycle, Nextra would stop providing the services within 7 days of receipt of request for disconnection. The customer has to pay all outstanding amount as applicable till the last day of the service usage period/ date of services disconnection time. Neither party shall be liable to the other party or any third party for any damages, both direct or indirect and consequent to such discontinuation of service by the customer. In case of discontinuation of services, the customer shall return the equipment(s) provided by Nextra and allow Nextra to remove such equipment(s).
14.1 Services provided by Nextra shall be used only by the customer or persons authorized by him for their own use and shall not be resold in any way whatsoever.
14.2 The customer shall not use the service(s) for any of the following activities:
14.3 The customer shall not communicate, send, transmit, download or in anyway deal with any objectionable or obscene or pornographic, messages or communications, which are inconsistent with the established laws of the country, over the network offered and established under the said services.
14.4 The customer is not authorized to use the service for any unlawful, immoral, improper or abusive purpose, or for sending obscene, indecent, threatening, harassing, unsolicited message or message affecting/ infringing national security nor create any damage or risk to Nextra or its network and/ or other customer.
14.5 The customer shall not resort to hacking, cracking, spamming, destroying or corrupting any of the sites on the internet, not shall indulge in any of the offences, more specifically defined under the information Technology Act, 2000. Without prejudice to any action under law for the time being in force, violation or breach of any of these terms and conditions shall entitle Nextra to immediately discontinue the said services forthwith.
14.6 The customer undertakes and agrees to take the required measures to ensure that spam malicious traffic is not generate from the customer's end. If at any time spam activity-unwanted or malicious is observed from the customer's link, Nextra reserves the right to lock/ suspect or terminate the link immediately without any notice.
14.7 Title & Intellectual Property Rights of Services & Content provided by Nextra are owned by Nextra, its agents, suppliers or affiliates or their licensors or otherwise owners of such material are protected by copyright laws and treaties. The customer is prohibited from misusing, copying, re-producing, distributing, transmit, publish, publicly perform or exhibit, alter, adapt, customize the content or any portion provided through the Nextra online portal (provided as part of its Value-Added offering) or through any other Nextra platform. The content shall include technological measures for the production of the content, to use the content as per the usage rules. Any technological measures to alter, amend or change the usage rules embedded into the content in any manner shall result in civil and criminal liability, under the Information Technology Act, 2000 or any other applicable law under copyrights.
14.8 Individuals/Groups/Organizations are permitted to use a customer encryption upto 40-bit key length in the RSA algorithms or its equivalent in other algorithms without having to obtain permission. However, if encryption equipment's higher than this limit are to be deployed, individuals/groups/organisations shall do so with the permission of DoT and deposit the decryption key, split into two parts, with DoT.
14.9 Nextra may block internet sites and/ or individual customer, as identified and directed by the Statutory Authorities or Security Agencies from time to time.
Nextra grants to the customer and the customer so accepts a non-exclusive and non-assignable license to use any software provided by Nextra to access internet. The title to all such software would be at all point of time continued to vest with Nextra.
Notwithstanding anything contained herein, Nextra reserves the right to access information over the network established by the customer, if required in pursuance of the laws of the land, and as specifically provided for under the Information Technology Act, 2000.
While accessing internet and the Service(s), advertisement/promotions shall be displayed. The customer agrees that he has no objection of any kind or manner to the placement of such advertisement/promotions, etc., while using or availing the said services.
18.1 Through every effort is being made to provide best quality of services, Nextra shall in no event be responsible to the customer or to any third party, for deficiency in data transmission or for any inconvenience damage or loss that may be caused to any one or of any kind arising thereof.
18.2 The liability, if at all and if any, of Nextra would be restricted to that of a service-provider, and notwithstanding anything contained herein, in no case and eventuality would Nextra be responsible for any responsibility on account of any of the content that may be communicated, disseminated, transmitted, downloaded, stored, either on a permanent or temporary basis, or in any way dealt with by the customer using the services provided by Nextra.
18.3 Download/Upload speed indicated is speed up to our ISP node. Broadband speed available to the customer is the maximum prescribed speed for which the customer is entitled and Nextra does not hold out any assurance that the said speed shall be maintained at all times and the same may vary depending upon the network congestion, technical reason or any other unavoidable circumstances.
18.4 Customer will be allotted total Primary Bandwidth up to 3000 GB per month and if same is consumed within the one month, then secondary speed up to 2 Mbps will be applicable and same can be amended time to time as per TRAI notification.
19.1 Nextra shall have the option to vary, alter or amend any Terms & Conditions forming part of this CRF due to administrative and commercial compulsions or for any other reason considered necessary in the interest of business operation. The Terms & Conditions would be updated on the website, www.nextracommunications.com. The customer's continued use of services or payments to Nextra even after such change/variation/alteration will constitute the customer's consent or approval to all such amendments/alteration.
19.2 The failure of any party thereto at anytime to require performance by the other party of any obligation/ provision of this CRF shall not affect the right of such party to require performance of that obligation/provision subsequently. Waiver by any party of breach of any provision/obligation of this Form shall not be constructed as waiver of any continuing or succeeding breach of such provision, or waiver of the provision, itself or a waiver of any right(s) here under.
19.3 If any part of this Form is held invalid, the remaining provisions will remain unaffected and enforceable, except to the extent that Nextra's rights/obligations under the CRF are materially impaired.
20.1 Any notification required to be given by the customer to Nextra shall be given in writing and shall be deemed to have been delivered to Nextra when it is actually delivered. Any notification required to be given by Nextra shall be in such form as may be prescribed by Nextra from time to time. If sent by post it shall be deemed to have been delivered within 48 hours of posting. Where two or more persons constitute the customer, their liability under the Form is joint & several. Nextra without notice may assign and/ or delegate all/ or parts of its obligations, rights, and/ or duties under this CRF to any third party.
20.2 The CRF binds the Customer and his heirs, executors, administrators, successors, and permitted assigns, wherever applicable and also binds Nextra and its successors and assigns.
20.3 The information provided overleaf shall be treated as part and parcel of this CRF.
20.4 The headings are for convenience's sake only and shall not affect the meaning of the provision thereof nor can the provisions be interpreted in the light of such headings.
Any disputes and differences arising between the customer and Nextra will be referred to a sole Arbitrator to be appointed by Nextra or the Civil Court subject to jurisdiction in New Delhi. The provisions of Indian Arbitration & Conciliation Act shall apply.
The customer has fully read/has been explained in vernacular, verbatim the Terms & Conditions of this CRF and confirms that he has understood the contents thereof and has signed in token of his unconditional acceptance of the aforesaid Terms & Conditions, with the understanding that this is a valid and binding document and can be enforced in accordance with the law.