Terms And Conditions
In this service Agreement ("Agreement") you and your refer to each
customer, we, us and our refer to Data Ingenious Global Limited (hereinafter referred to
as 'DIL') and services refer to the Internet Telephony Pre paid calling cards
service provided by us. This Agreement explains our obligation to you and
explains your obligation to us for the service. By using the services under
this Agreement, you acknowledge that you have read and agree to be bound by
all the terms and conditions of this Agreement and any pertinent rules or
policies that are or may be published / mailed by us.
DIL has agreed to provide Internet Telephony against the company's pre paid
Licensed User: Client including
its employee, partner, student, member or other user entitled to bona fide
access to the Service for reasons linked to the activities of the Client; in
the case of a personal license the Client is the only Licensed User;
Client: The person, company, organisation,
institution or other corporate body subscribing to the Service;
Card: Pre paid Internet telephony Calling Card;
Order Form: The initial document and any
subsequent document, whether in paper or electronic format, delivered from
the client and accepted by the DIL indicating the Service required initially
and subsequent changes to the Service required;
Software: All parts of any software and any
electronic user interface provided by the DIL to the client in connection
with the Service; Software for PC to Phone will be freeware or will be as
provided to us by Sky-comm Singapore.
Start Date: The Date when the providing of
service is started by DIL.
Subscription Fee: The fee payable by the
client for use of the Service for the period indicated on the Order Form from
the Start Date;
Usage Fee(s): the fees payable for usage of
the Service as indicated on the Order Form.
3.1 This Agreement is
a license agreement for the use of the Service by the Client and not an
agreement for sale.
3.2 From the Start Date, DIL grants to the
client a non-exclusive, non-transferable license to use the Service in
accordance with this License and only for the legal purposes.
3.3 Where the Client makes acknowledgements,
gives undertakings, or undertakes liabilities under this Agreement, it does
so for itself and the Licensed users and where limitations or exclusions are
imposed on the Client under this Agreement, the client accepts that these
will bind both the client and the Licensed Users as if they were one entity.
The Client warrants that it is authorised to agree to this Clause by the
3.4 Where the client is a body other than an
individual, the person accepting this Agreement represents that s/he is
authorised by the client to accept this Agreement for and on behalf of the
Client, and to bind the Client and Licensed Users thereby.
4. Fees &
for the services you have selected, you agree to pay us the applicable
service(s) fees. All fees payable hereunder are non-refundable unless we
provide otherwise. As further consideration for the Services, you agree to:
(1) provide current, complete and accurate information about you as required
by the registration process and (2) maintain and update this information as
needed to keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). You
hereby grant us the right to disclose to third parties such Account
Information. The Registrant, by completing and submitting the Agreement
("Agreement"), represents that the statements in its application
are true and so far as the Registrant is aware, does not interfere with or
infringe upon the rights of any third party. The Registrant also represents
that the service is not used for any unlawful purpose.
All payments are to be made in favor of "Data Ingenious Global Limited" payable
at Jaipur and is to be sent at the mailing
address as mentioned in this Agreement by courier/registered post. No outstations
Cheques are accepted.
In the event of dishonor
of Cheque / demand draft in connection with your payment of the registration
or renewal fee, you acknowledge and agree that the 'DIL can stop providing
the services unless it receives the due payment along with the administrative
charges. We will reinstate any such registration solely at our discretion,
and subject to our receipt of the applicable registration, renewal or
5. SERVICE ACCESS
5.1 Where access to
the Database(s) is provided online the Service will normally be available 24
hours a day throughout the subscription period. The normal availability of
the Service may be varied on occasions. The DIL reserves the right to suspend
the Service temporarily and without notice for reasons beyond its control.
5.2 DIL reserves the right to make modifications
or improvements to the Service and will make every reasonable effort to give
the Client notice of such changes.
5.3 The DIL may allocate to the Client any
necessary usernames and/or passwords, which control access to the Service.
Only those usernames and/or passwords may be used by the Client to access the
Service. DIL shall not be responsible if the Clients Pre paid card is misused
by unauthorised persons. Client shall take adequate steps to ensure that the
cards are not misused.
5.4 The Client shall pay for all usage of the
Service(s) provided online which accrues under usernames and/or passwords
allocated to the Client. Responsibility for limiting usage of the service
remains with the Client.
5.5 The Client shall pay all third party
telecommunications or Internet service charges incurred by the Client
connecting through the telecommunications network in order to access the
6.1 The client is made to make calls
from his PC located in India to
(a) PC within or outside India
(b) Telephone outside India
The client can also make Internet Telephony from IP based H.323/SIP Terminals
connected directly to ISP nodes to similar terminals within or outside India.
7.1 Except as
permitted by law, and as permitted expressly by this Agreement, the Client
shall not itself, nor allow any third party to
duplicate or otherwise reproduce in whole or in part the Service or any part
7.2 Except to the extent permitted by law, the
Client shall not modify, reverse assemble, decompile, or reverse engineer the
Service or any part thereof or merge the Database or Software with any other
7.3 Except as permitted by law, and as permitted
expressly by this Agreement, the Client shall not itself, nor allow any third party to use the service in violation of
8. PRIVACY OF
DIL intends to
respect its subscribers' privacy and will not monitor the communications.
However, you agree that DIL has the right, but not the obligation, to monitor
or disclose the contents of private communication, if DIL is ordered by
Statutory Authority to do so :
(a) to comply with applicable law or valid legal process;
(b) to protect national integrity or other like matter; or
(c) in emergencies when a person's physical safety is at issue.
In addition, DIL
reserves the right under appropriate circumstances to disclose the identity
of a subscriber to third parties in response to a valid legal subpoena and to
otherwise cooperate with legitimate police inquiries and lawful civil
9. ONLINE GOODS AND
DIL does not
control or take responsibility for any Content, goods, or services which
independent third parties may available on or through the Service.
Subscribers may receive blind opportunity advertisements, pyramid schemes,
and other "get rich quick" schemes on or through the Service. These
should be avoided or approached with ample skepticism. Please remember that
DIL does not endorse, warrant, or guarantee the accuracy, completeness,
usefulness, quality, or availability of any such Content, goods, or services,
and your use thereof is solely at your own risk.
RESPONSIBILITIES OF THE CLIENT
10.1 The Client will
take all reasonable steps to ensure that the Service is used in accordance
with the terms and conditions of this Agreement.
10.2 The Client agrees to indemnify the DIL for
losses and expenses incurred by the DIL which arise out of any misuse of the
Service by the Client or any misuse by any third party, where such misuse
occurs as a result of breach by the Client of this Agreement.
10.3 The Client agrees that it is in a better
position to foresee and evaluate any loss it may suffer in connection with
this Agreement and that the fees payable to the DIL have been calculated on
the basis of limitations and exclusions below and that it is the Client's
responsibility to effect such insurance as the Client considers necessary in
respect of such loss having regard to its particular circumstances.
10.4 The Client undertakes to take all
reasonable steps to prevent unauthorised access to the Service including
usage beyond the limits indicated on the Order Form.
10.5 The Client is responsible for ensuring that
its hardware and software are capable of accessing the Service. The Client is
advised to use appropriate anti-virus software when accessing the Service.
The DIL is not responsible for the availability
10.6 The Pre paid cards once sold are neither
returnable nor refundable under any circumstance.
10.7 The card shall be valid for a period as specified in
the scheme from the date of the activation i.e. from the date of first call
or for such other period as may be specified in card.
10.8 In order to make call from the card the
client shall ensure that the minimum 1 minute talk time worth of the credit
value in the card shall be available, if the same is not available, then the
client can not make the call to the desired destination. For example: 1
minute call cost Rs. 10.00 for anywhere in Saudi and in case the available
balance in your card is Rs. 9.00, the call can not be made.
10.9 The balance in card
is not returnable or adjustable against another card for any reason,
10.10 The shelf life of this card is for 6 months and after
signup it has to be used maximum within 2 months else it will get expire.
11. LIMITATION OF
11.1 The DIL warrants
that it owns or has obtained all necessary rights to grant this License.
11.2 The Service is supplied to the Client on an
"as is" basis and neither the Databases nor the Software nor any
part thereof has been written to meet the individual requirements of the
Client. It is the sole responsibility of the Client to satisfy itself prior
to entering this Agreement that the Service will meet its requirements and be
compatible with its hardware/software configuration. The DIL makes no
warranty or representation in that respect and no failure of any part or the
whole of the Service to be suitable for the Client's requirements shall
entitle the Client not to accept the same or give rise to any right or claim
against the Net4India.
11.3 None of the clauses above shall apply so as
to restrict liability for death or personal injury resulting from the
negligence of the DIL or its appointed agents.
11.4 The DIL is not liable for any indirect or
consequential loss (including without limitation loss of profits, goodwill or
data) howsoever arising suffered by the Client and arising in any connection
with this Agreement, whether or not the possibility of such loss has been
discussed by the parties pre-contract.
11.5 Save where such liability arises out of
breach of the warranty contained in Clause
11.1, the DIL will have no liability for any
liability of the Client to any third party.
11.6 The DIL makes no express representations or
warranties which are to the effect that the Database is free of errors or
omissions and the Client shall not base any commercial decisions on the Data
without independent verification of the Data.
11.7 The DIL's aggregate maximum liability to
the Client in respect of any direct loss (or any other loss to the extent
that such loss is not excluded by Clauses 11.3 and 11.4 above or otherwise)
whether such claim arises in contract or in tort shall not exceed a sum equal
to the total Subscription Fee or Usage Fee paid.
12. NO WARRANTY.
12.1. YOU AGREE THAT
YOUR USE OF THE SERVICE, SOFTWARE AND INTERNET IS SOLELY AT YOUR OWN RISK.
YOU AGREE THAT THE SERVICE AND THE SERVICE SOFTWARE IS PROVIDED ON AN
"AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE
12.2. EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS
ARE EXPRESSLY PROHIBITED BY LAW, DIL DISCLAIMS ANY AND ALL LOSS, DAMAGE OR
LIABILITY ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.
12.3. You may not rely on oral or written
information or advice given by DIL officers, directors, employees, agents,
authorized representatives, subcontractors or affiliates and/or their
officers, directors, employees, agents, authorized representatives, or
subcontractors or affiliates to create a warranty or increase the scope of
warranty already established in these terms and conditions. Your rights and
DIL responsibilities are limited to the warranties that are expressed in
these written terms and conditions that have been established by DIL to
govern the use of the Service.
13.1. You agree to
defend, release, indemnify, and hold DIL, its affiliated companies and
licensors, and its and their respective officers, directors, employees,
agents, authorized representatives, and subcontractors harmless from all
liabilities, claims and expenses, including without limitation reasonable
attorneys fees, arising from breach of the Agreement by use of, or in
connection with the posting or transmission of any Content or other material
by or through your account on the Access Service.
13.2. You agree that DIL has the right, but not
the obligation, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you pursuant to
Paragraph 1 of this section. In such event, you shall have no further
obligations pursuant to Paragraph 1 of this section.
14. TITLE AND
14.1 Neither this License
nor any of the rights and obligations of the Client hereunder may be
assigned, transferred, charged, sub-licensed, delegated or disposed of in
whole or in part on a temporary or a permanent basis without the prior
written consent of the DIL.
14.2 The physical media on which any part of the
Service is delivered to the Client remains the legal property of the DIL.
15.1 This License shall
have an initial period of 12 months from the Start Date unless a different
initial period is indicated on the Packages as mentioned in the site.
15.2 The DIL may terminate this Agreement at any
time immediately by written notice to the Client in the event of an
irremediable breach by the Client of this Agreement or after the Client, in
the DIL's reasonable opinion, has failed to remedy a remediable breach of
these terms and conditions within 14 days of being given notice to do so. DIL
can terminate contract on non receipt of due service fees within the due
15.3 The DIL may terminate this Agreement immediately
on written notice if an agreement between the provider
of one or more of the Databases and the DIL is terminated. In this event, the
DIL shall promptly make a pro rata refund to the Client of any monies paid by
the Client for the Service covering a period, which has not expired.
15.4 In the event of termination of this
Agreement other than in accordance with Clause 15.2, the Client shall cease
to have access to or have any rights or license in respect of any Service
provided on any media.
15.5 Termination of this Agreement shall be
without prejudice to the parties' other rights or remedies.
16.1 Force Majeure
party shall be liable for any loss suffered by the other or be deemed to be
in default for any delays or failures in performance (other than failure to
make payments) hereunder resulting from acts or causes beyond its reasonable
16.2 No Waiver
or forbearance by the DIL in enforcing any provisions of this Agreement or
any of its rights hereunder shall not be construed as a waiver of such
provision or right thereafter to enforce the same.
16.3 Entire Agreement
Agreement, Packages as mentioned in the site constitutes the entire agreement
between the parties hereto.
provision of this Agreement or part thereof shall be void for whatever
reason, it shall be deemed deleted and the remaining provisions shall
continue in full force and effect.
Agreement may only be varied in writing by means of a variation of its
clauses signed by both parties or by an updated Order Form.
parties are independent contractors and nothing in this agreement shall be
deemed to place the parties in the relation of employer-employee,
principal-agent or partners or in joint venture.
notices required or permitted hereunder shall be given to the appropriate
party at the address specified below or at such other address as the party shall
specify in writing. Such notice shall be deemed given: upon personal
delivery; if sent by telephone facsimile, upon confirmation of receipt; or if
sent by registered mail or courier, postage prepaid, 5 days after the date of
Data Ingenious Global Limited
Inside Jaipur Glass Factory
Agreement sets forth the entire understanding and Agreement of the parties
and supersede any and all oral or written Agreements or understandings
between the parties as to the subject matter of this Agreement. It can be
changed only by a writing signed by both parties. Neither parties
is relying upon any warranties, representations, assurances or inducements
not expressly set forth herein.
16.9 Governing Law
shall be governed by the law of Union of India and the parties thereto submit
to the non-exclusive jurisdiction of the Courts at
used in this agreement are for reference purpose only and in no way define,
limit, construe or describe the scope or extent of such clause or in any way
affect this agreement.
16.12 Non Assignment:
Agreement shall be binding upon, and inure to the benefit of, the parties
hereto and their respective successors and assigns. Notwithstanding the
above, this Agreement may not be assigned in whole or in part by a party,
without the written consent of the other party, without the written consent
of the other party, which shall not be unreasonably withheld, provided,
however that this Agreement may be assigned to the successor to the whole of
a party's business without such consent. Any assignment in violation of this
paragraph shall be null and void.
that you are of legal age to enter into this Agreement.
16.14. ACCEPTANCE OF
acknowledge that you have read this Agreement and agree to all its terms and
conditions. You have independently evaluated the desirability of
participating in the affiliate network and are not relying on any
representation, guarantee or Statement other than as set forth in this