Isp Agreement / Service Order For Broadband Service: Bank & Branch

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HCIL Confidential

Contract Number: ISP/ 2017/ Page 1 of 2


ISP AGREEMENT / SERVICE ORDER FOR BROADBAND SERVICE
Subscriber Name: (THE “subscriber”) (* Mandatory Fields)

*Site Address: (Where the VSAT would be installed):

City: State: PIN

*Mobile No: +91 *Tel No. Fax No.: * Email Id :

Billing Address (In case its different from the Site Address): INVOICES would be sent to billing address for payments, electronically ONLY, to the
registered Email ID provided in the ISP. Please provide the email ID of the Bill Processor so as to ensure timely processing and payment of Invoices
Name:

GSTIN Details: Not Registered/ Registered (GSTIN Number) :


Please Note that the GSTIN Address and the Bill To Party Address SHOULD BE THE SAME
(GSTIN)Address:

*City : *Pin : *Tel No. : *Fax No. : *Email Id :

TARIFF / SERVICE DETAILS: Please Record the Subscribed Service and price option (GST Extra as applicable)
Plan Name HSN Code Period: Open (O) / Abuse Billing Control Monthly Excess
Committed Months Control Special (S) / Tariff Rs. Charges-
(C): 3/ 6 /12 Yes / No Default (D) Rs/MB
998415

Plan Speeds indicated are only speed up to our ISP Node with contention ratio as specified and as per TRAI guideline on Quality of Service for Broadband Service. All published
service plans have been designed with a maximum contention ratio of 1 : 30. The speeds listed represent speeds that are attainable after applying acceleration techniques by the
terminal. Some data transfers may be not compatible to the acceleration techniques and hence the speed may vary. Commercially available speed measurement tools may not
use compressible files and therefore may not provide the same results. The upload speed during peak hours would be 30% - 40% of the peak upstream speed for the respective
plans. When you connect to the Internet using HughesNet, the upload and download speeds you experience will vary based on a variety of factors including the configuration of
your computer, the number of concurrent users, network or Internet congestion, the speed of the Websites you are accessing, and other factors. Stated speeds and uninterrupted
use of service are not guaranteed. During peak hours, actual upload and download speed will likely be lower than speeds indicated.
IMPORTANT NOTES:
1. Monthly usage bills as well as past outstanding if any, for fixed and excess usage shall be adjusted from credit balance in Customer account on first in First out basis.
Excess usage for committed plans is payable additionally, as applicable each month, to maintain the committed period status for the account.
2. Abuse Control: To facilitate misuse/abuse of the service, a subscriber as an option may choose any of the standard options. However unlimited plans, if any, have built in
predefined abuse control as detailed in ‘Abuse Control Plans’ and its mandatorily applicable.
3. For Committed Period plans, no refund of money is applicable even if subscriber discontinues use for any reason whatsoever, whether attributable to HCIL or not.
4. Performance of any computer application shall depend on various factors like number of users, local LAN configuration, local firewall settings, availability of
internet/backhaul bandwidth at central customer location, load on the application server, configuration and deployment of the application etc. and various other factors,
which are entirely beyond Hughes Net’s control. Hence no fitness of purpose is guaranteed for any application performance.
5. Hughes’ satellite broadband services will be from our Telengana VSAT NOC and this will be the location of supply and the details of the same are given below

State - Telengana State Code - 36 GSTIN Number - 36AAACH0765L1ZH GSTIN Address – Hughes Communications India Ltd.,
SY NO. 149/25, TIMMAPUR VILLAGE, KOTHUR
MANDAL, MAHABOOBNAGAR DISTRICT
TELANGANA-509228

6. Address for Correspondence and for sending payments for service would be “BP CARE, HUGHES COMMUNICATIONS INDIA LTD, Plot No.1, Sector – 18, Electronic City,
Gurgaon – 122015, Haryana”
PAYMENT / BILLING/ OTHER PARTICULARS
- ISP agreement / service order is to be signed for any Plan change (Including change in commitment period) along with requisite prepaid amount as per Plan opted. Plan change
shall be effected within 7 days of receipt of ISP agreement. Billing for the committed period shall be single bill for entire period, repeated at end of each period.
- Open Period Plans will require One month Tariff as adjustable security deposit & additional one month charge on prepaid basis for new subscribers.

Chq No/ DD No Dated DD MM YY Amount Rs:_________________ Bank & Branch:

India and HCIL for Internet Service. HCIL reserves the right to seek/ verify financial
In consideration of the mutual covenants and conditions, the Subscriber agrees as and other information from the Subscriber’sBanker’s/ Credit providers and such other
follows. sources and reserves the right to reject subscription even after activation for any
1. Definitions: Following are some of the key definitions of this agreement. reason without any liability whatsoever.
a. “Subscriber Equipments” Means Subscriber procured satellite terminal f. The Subscriber represents that he has been fully informed about the INTERNET
equipments of appropriate specifications, capable of operating with HCIL network access Service provided by HCIL, its specifications, requirements, limitations etc
b. “Network” Means HCIL network for INTERNET Service including scope & obligations on his part as detailed in the
c. “Service” Means Service, which enable the Subscriber when using Subscriber g. License issued to HCIL by DoT (available at site www.dotindia.com) and only
Equipment over the network thereupon has signed this agreement.
d. “Tariff” Means and includes the agreed Tariff schedule and all rate related h. HCIL shall be at liberty to provide the Service under any brand name including
conditions such as deposits, installation fees, rental, usage charges and any `HughesNet Internet Service’
other related fees and Service charges under the Tariff schedule as put forward 2. Service: The Subscriber shall be provided with Internet Service as per this
by HCIL from time to time. agreement between HCIL network center at Gurgaon and Subscriber’s
e. “Commencement Date” means the date this Agreement commences upon, which Subscriber Equipment.
shall be the date the Subscriber signs this agreement and realization of security a. For change/ addition/ deletion of any features / supplementary Service/ scheme/
deposit and/or advance amount in HCIL bank account. plan, Subscriber shall fill up the requisite form and be bound by the additional
Period Of Agreement: The initial term of this Agreement shall be for a period of one terms thereof. Any change or withdrawal from any supplementary Service etc
year from Commencement Date and shall thereafter extend for further successive shall not entitle the Subscriber to any refunds or adjustments of the moneys
periods of one year each at a time unless terminated by either party. The agreement already paid, billed or to be billed under the additional terms.
shall be subject to and always run in concurrence with License Agreement between b. The monthly volume packs (in GB) is the maximum cumulative upload and
the Department of Telecommunications, Ministry of Communications, Government of download monthly data usage by the site using the services. Upload and

Registered Office: 1, Shivji Marg, West End Greens,


New Delhi 110038, India Subscriber’s Signature: ____ ________
HCIL Confidential

Contract Number: ISP/ 2017/ Page 2 of 2


Download data rates may vary than the average expected level with reference to a. HCIL shall not be liable for any delay in commencement of Service
time during the contracted hours. b. HCIL shall not be liable for any dealings of the Subscriber with any other party or
c. The Volume usage (in GB/MB) shall be as per HCIL’s network measurement and person
shall be final and binding. Spill over usage beyond the monthly volume pack shall c. No warranties, representations, guarantee or undertaking is given by HCIL, which
be charged as the per the excess MB charges applicable for each service plan. are not specifically mentioned herein. Further, HCIL does not warrant, guarantee
d. Subscriber cannot use the Service for any unlawful or illegal purposes, or for or make any representations regarding the use or the results of the use, of the
sending obscene, indecent, threatening, harassing, unsolicited messages Service or content in terms of correctness, accuracy, reliability, currentness or
affecting/ infringing national interest or create any damage or risk to HCIL or its otherwise and the entire risk as to the results and performance of the Service is
network and /or other Subscribers. HCIL reserves the right to disconnect the assumed by Subscriber.
Service at its sole discretion on any such event. 8. Sale or Transfer: HCIL Service connection is non-transferable and any
e. Subscriber is fully aware and undertakes that the services being offered by HCIL private transfer by Subscriber to any other party shall tantamount to breach of
are for sole use of internet access and applications available through internet agreement. HCIL accepting payment from a person other than the Subscriber
walled garden services and HCIL in no circumstances, directly or indirectly is does not mean that HCIL has accepted that any of the rights or obligations of
assuring any fitness of purpose for any other use. the Subscriber have been transferred or modified.
f. Service quality, functionality, availability and / or reliability may be affected and 9. Dispute Resolution: In case of any dispute, the matter will be referred to the
/or HCIL is entitled to, without any liability, to refuse, limit, suspend, vary, sole arbitration of the arbitrator appointed by HCIL and will be governed by the
disconnect and/ or interrupt the Service, in whole or in part at any time, at its sole provisions of the Arbitration & conciliation Act 1996. This agreement is
discretion, with respect to one/ all Subscribers without any notice, for any reason amenable to the jurisdiction of Delhi courts only.
and /or due to various factors including but not limited to nonpayment of service 10. Termination: The Subscriber/s contracted for all Open service plans and all
charges, Government/ TRAI rules, Regulation, notifications etc including service plans launched before 1st February, 2010 may end the agreement
changes thereto, wireless interference, satellite related problems and/ or failures period by giving HCIL not less than 30 days notice but such a notice cannot
,acts of god or for any other reason beyond HCIL’s control ( Force Majeure bring the agreement period to an end unless and until all the charges
conditions). pertaining to the Service obtained by Subscriber as per Tariff have been duly
g. Privacy of communication is not guaranteed and is subject to Government’s discharged. It shall be obligatory for the Subscriber to make full payments of
regulation and such other factors. HCIL is entitled to charge, vary, add, withdraw his dues before any termination is effective from the Subscriber’s side.
any Service/supplementary Service/ schemes/ plans etc and /or to vary the terms Committed Plans Termination: No refund of service charges is applicable,
and charges at any time at its sole discretion. The rate/ charges may also change under any circumstances, even on discontinuation, for any reason
as per the directives of TRAI from time to time. whatsoever.
3. Tariff, change of tariff and discontinuation of service plans : The present a. HCIL may terminate the agreement period of any subscriber at any time
rate of deposits, connection charges, rental, Service charges etc are set out in without giving notice and without assigning any reason if there is a breach of
the Tariff Schedule as mentioned in the plan document. HCIL reserves the right to any terms of this agreement. In all other cases, the agreement may be
discontinue AND OR change the tariff or any service plan with or without giving any terminated by HCIL at its discretion by giving at least 30 days notice to
notice to the subscribers any time after 6 months of the effective date / launch date of Subscriber in such a form as may be decided by HCIL.
a service plan, as per the TRAI’s notification No.301-2/2004-Eco dated 7th July, 2004. b. Any notice required to be given by the Subscriber to HCIL shall be given in
4. Selection of appropriate Service Plan: Subscriber is solely responsible for the writing to the Company Secretary at the address mentioned herein.
selection of the appropriate service / internet bandwidth plan for their site. 11. Service Abusers : In case more than an average of 5 concurrent sessions
Subscriber should choose the appropriate service / internet bandwidth plan per PC is found to be open at the remote VSAT site due to virus, proxy and
based on a combination of the number of total users at the site, and access any other reason, the site can be construed as an abuser and can be shut
& usage need of Subscriber. HCIL shall not be responsible for Subscriber’s down. The total number of permissible sessions for the site would be
choice of the service plan selection. calculated as 5 sessions per PC * maximum number of PCs allowed for the
5. Billing and Payment: The billing cycle shall run on monthly advance basis or respective service plan. The site will be reconnected only after the problem
such other frequency as may be decided by HCIL from time to time and the has been rectified by the Subscriber and certified by the technical personnel
periodic bills be issued accordingly. The Subscriber is responsible to pay all his of HCIL
bills within 15 (fifteen) days from the due date off payment.. It is incumbent on 12. Other Matters: The Subscriber shall keep HCIL fully and effectively
the Subscriber to enquire for his or her balance and settle the same even in case indemnified against all costs, claims, demands, expenses and liabilities to any
of non-receipt of the monthly bill for any reason whatsoever. All charges must be other party or Government of whatsoever nature, arising out of any default,
paid in full without any deductions, set-off/ withholding. All payments must be violation, action or representation of Subscriber.
made in favor of `Hughes Communications India Limited’, payable at par a. If any term or condition of this agreement is held invalid or unenforceable, the
at New Delhi/Gurgaon. In case of nonpayment of any amount due to HCIL, the remaining provisions of the agreement shall continue to be in effect and valid.
Subscriber connection is liable to get disconnected without any prior notice. b. Subscriber warrants and represents that he has understood the eligibility
a. Bills will be sent to the address of the Subscriber as mentioned in this agreement. criteria’s, obligations and concerned rules and regulations as applicable for
For any change of address, HCIL should receive notification in writing from subscribing to the Service and that he complies with it in full and entirety.
Subscriber along with such proof to accept the change. The bills send to the Further the Subscriber is fully authorized to execute the agreement with HCIL
Subscriber electronically also would be considered valid bills. for the Service.
b. The loss of or inability to use the Subscriber Equipment does not bring the c. This agreement constitutes the entire agreement between the parties and
agreement period or the Subscriber’s liability to pay charges to an end. supersedes all prior understandings regarding this subject matter, if any.
c. Where a security deposit has been paid, HCIL is entitled to retain it and apply it
as it decides in full or partial satisfaction of any sums due from the Subscriber to DECLARATION
HCIL. At the end of the agreement period, provided all sums payable to HCIL I declare and undertake that the above information is wholly true. I have
have been duly paid, the balance (if any) of the deposit or fee will be repaid to
read and understood the terms and conditions mentioned above and I
the Subscriber on fulfillment of such conditions as may be intimated by HCIL. No
interest will be paid on the deposit.
hereby agree to abide by them. I have gone through the details of the
d. An amount mentioned in the Tariff is the net amount payable to HCIL and Tariff Plan mentioned above, which I understand, may change from time
excludes GST, any other Government levy/ charges, which shall be payable extra to time. I also agree that my SUBSCRIPTION is subject to verification,
by the Subscriber as applicable. evaluation and acceptance by HCIL. I also undertake that I shall not use
e. Penal Charges for Delayed Payment: The payment against the monthly bills the bandwidth for further redistribution or commercial use in any form or
beyond the prescribed date shall entail an interest charges @2% per month or manner as well as for running any illegal service or voice or provide
such other rate/ fixed amount as may be decided by HCIL from time to time, over content or content access, which violates term and/ or clause of the
the payment from the date it became due. This however is without prejudice to license, issued to HCIL by Department of Telecommunications.
the rights of HCIL to suspend the Service partially or fully due to non- payment.
6. Suspension and Disconnection: HCIL may any time suspend the Service Dated Place
wholly or partially and /or disconnect any Subscriber Equipment from the network
for any reason which is found to be reasonable by HCIL including any of the
following circumstances Subscriber’s Signature
a. Due to any discrepancy noted in the material particulars provided by the
Subscriber Name of Authorized
b. Excess usage disconnection as per the excess usage disconnection policy
c. The non-payment of bills beyond the due date, with or without notice
Signatory
d. During technical failure, modification or repair or testing of the network
e. When this agreement is determined owing to any reason in consonance with the Designation
terms of this agreement
f. Any other reason, which is found to be reasonable by HCIL warranting Company Seal:
suspension/ disconnection.
7. Liability: HCIL will not be liable to the Subscriber for any loss of business,
profit, revenue or goodwill, anticipated savings, use or contracts or for any
other indirect or consequential loss however it arises.

Registered Office: 1, Shivji Marg, West End Greens,


New Delhi 110038, India Subscriber’s Signature: ____ ________

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