Terms & Condition of AmberIT services:
This general Terms and Conditions shall be part of the agreement between Amber IT Limited (hereinafter called 'AmberIT ') and the subscriber.
1. Subscriber has to provide necessary documents and information to establish subscriber's identification, legal status and business capacity. AmberIT shall have the right to examine the same. AmberIT shall have the right to temporarily disconnect, suspend or terminate the services for giving any false information by the subscriber in any document or otherwise including on the subscription form. If there is any change in the information given earlier, subscriber shall notify Amber IT of such change, failure of which shall entitle AmberIT to suspend or terminate the services at its sole discretion.
2. Both parties undertake that any information received by one party marked as confidential shall be kept as confidential by the other party. Such information can only be revealed if it is found that it was already in the public domain or it was already available to the receiving party without violating this agreement or it is required by law.
3. AmberIT has the exclusive right and jurisdiction of the title and ownership of the connection and equipment provided by AmberIT.
4. AmberIT shall provide the services to the subscriber within agreed timeline. However, in case of any delayed support AmberIT will notify the subscriber as soon as it is reasonably practicable.
5. AmberIT shall not be liable for disruption or discontinuation of its services due to any disturbance, congestion or severance in other network(s) or reasons beyond its control.
6. AmberIT may temporarily suspend the services in whole or in parts for repair, maintenance, upgrading or circumstances beyond Amber IT’s control; however AmberIT will notify the subscriber as soon as it is reasonably practicable.
7. AmberIT shall have the right to suspend or terminate the connection without further notice in case the subscriber uses the device/ terminal provided by AmberIT beyond the allocated number of connections or bandwidth capacity.
8. AmberIT shall have the exclusive right to change/increase/reduce the tariff charges, validity periods, package plans and any other agreed terms etc. at any time subject to official notification of such changes. No notification will be required if such changes take place due to any regulatory or government imposition.
9. Amber IT may keep the subscriber updated about any new information about the AmberIT services, if needed. AmberIT reserves the right to communicate any of its offers and services related communication and/or message to the subscriber at any time and in any manner to keep the subscriber updated from time to time. AmberIT reserves the right to use the name of the subscriber in its materials for promotional or business purposes.
10. AmberIT shall endeavor to provide the best possible service to its subscribers; however the quality, reliability and availability of services may dependent on various factors. In case of failure to achieve desired quality, reliability and availability of services due to any of the above factors, AmberIT shall not be held liable.
11. The subscriber undertakes not to use AmberIT services to commit any unlawful act which might endanger national, social or economic interest, or damage AmberIT reputation to other subscribers. Under such circumstances, AmberIT shall have the exclusive right to discontinue the services of the subscriber and take appropriate legal measures. Subscriber shall indemnify AmberIT if it suffers any losses, damages or has to pay any penalty due to any unlawful usages of the subscriber.
12. The Subscriber shall be legally liable to maintain IP log information according to BTRC rules & regulations inside of customer network, i.e.inside NAT, Wifi, & LAN. The Subscriber has to be shared IP Log information if required by Law Enforcement Agencies.
13. Notwithstanding anything contained in this agreement, any other information through AmberIT brochure, notification, published and/or broadcasted by AmberIT regarding its services, service price, billing policy, credit policy etc. shall also be binding to this agreement.
14. Use of AmberIT Services is subject to its most current applicable usage policies.
15. Subscriber shall pay the agreed charges to AmberIT in its prescribed bill format strictly within the due date. AmberIT shall have the right to disconnect, suspend or terminate the services to the subscriber if the bill is not paid in full within the due date mentioned on the bill. This right however shall not be deemed to have been waived, if AmberIT decides not to suspend or terminate the services despite the bill remains unpaid.
16. AmberIT shall have the right to terminate or suspend the services to the subscriber if the total charges (’billed', 'unbilled usage' or 'billed' along with 'unbilled usage') accumulated at any time exceeded the subscriber’s security deposit or the credit limit, whichever is applicable. This right, however, shall not be deemed to have been waived if AmberIT decides not to suspend or terminate under such condition.
17. Subscriber shall have to pay the “Shifting Charge" for shifting of connection.
18. Subscriber shall be entitled to reconnect his/her connection by making payment of his/her outstanding bills in full if the connection of the subscriber has been suspended, temporarily or permanently disconnected due to payment default. If the connection has been permanently disconnected by AmberIT for such circumstances, along with the full payment of the outstanding bill, the subscriber shall also be liable to pay reconnection fee as applicable.
19. AmberIT will retain ownership of all the optical network equipment provided to subscriber. In case of termination of services, subscriber shall handover the equipment to AmberIT without any delay. For any damage to that equipment, subscriber shall compensate the value of the damage equipment.
20. Unless provided by AmberIT, it is not responsible for any software including those which are available on the internet.
21. AmberIT has no control over the accuracy or appropriateness of any information on the internet and the subscriber shall be solely responsible for internet usage.
22. The subscriber undertakes to safeguard the equipment’s provided by AmberIT from potential damage (i.e. misuse, negligence, fire, lightning, natural disaster, theft, sabotage, come in contact with water, drop from height). AmberIT shall have the right to ask for damages from the subscriber for any harm cause to any equipment, software, or AmberIT set-up deliberately, negligently or by careless handling.
23. AmberIT shall not be liable for any health hazard or problems otherwise caused by the use or abuse of the services and the equipment.
24. Subscriber shall solely be responsible for his/her own and his/her subscriber’s illegal data or voice transfer or traffic or bulk e-mail (spamming) or any other illegal operation. The sending of bulk e-mail (spamming) is strictly forbidden and the subscriber's account will be immediately terminated. Subscriber shall indemnify AmberIT if it suffers any losses, damages or has to pay any penalty due to any unlawful usages of the subscriber.
25. Subscriber shall install proper electric connection, power, grounding, UPS, stabilizer etc. in his/her premises and in his/her own accord. Subscriber shall not relocate or move any equipment installed by AmberIT without the permission of AmberIT.
26. AmberIT shall not install any product/services, without authentic document from the signatory of this document and authorized representative of AmberIT , and also the clearance from revenue assurance department of the Amber IT.
27. Without customers written request/consent for any upgrade/downgrade the bandwidth or any other changes will be not executed. For decreasing/increasing bandwidth, temporary /permanently disconnection needed one month's prior written notice.
28. The subscriber shall file it's complain about the services of AmberIT to subscriber support division.
29. Responsibilities of AmberIT are explicitly stated in this agreement as above and AmberIT takes no other responsibilities besides those set in this agreement.
30. Notwithstanding anything to the contrary contained herein, AmberIT shall not be liable for any reason or any representation, implied warranty or condition or other term at law or under the terms of this agreement for any losses, whether for loss of profit, actual or consequential or otherwise and whether occasioned by the negligence of AmberIT or its employees or agents or otherwise relating to the sale of the products and/or provision of services to the subscriber.
31. Amber IT reserves the right to change the above terms & conditions.
”I have read and understood the terms and conditions of AmberIT services and hereby sign this agreement"