Terms & Condition
of AmberIT services:
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.
AmberIT has the exclusive right and
jurisdiction of the title and ownership of the connection and equipment
provided by AmberIT.
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
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.
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.
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.
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.
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.
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.
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.
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.
Use of AmberIT Services is subject to its most
current applicable usage policies.
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
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
Subscriber shall have to pay the “Shifting Charge" for shifting of
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.
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.
Unless provided by AmberIT, it is not
responsible for any software including those which are available on the
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.
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.
AmberIT shall not be liable for any health
hazard or problems otherwise caused by the use or abuse of the services and the
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.
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.
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
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
The subscriber shall file it's complain about
the services of AmberIT to subscriber support
Responsibilities of AmberIT are explicitly
stated in this agreement as above and AmberIT takes
no other responsibilities besides those set in this agreement.
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.
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