Terms and Conditions

    1. SERVICE PROVIDER means the Broadband internet Access, Telephone Service offered by DWAN SUPPORTS (P) Ltd having its registered office at DWAN SUPPORTS (P) LTD., Divans tower, Karimpatta   Road, Pallimukku, Kochi-16 and its Local Service Franchisee.
    2. Service Provider in general includes but not limited to Internet Access, E-mail, world wide web Broadband Internet. , Designing Hosting, international Roaming and other Information Services that SERVICE PROVIDER offers.  markets, maintains and supports as of date and all updates and upgrade that may offer to the customer.  However, service in relation to the customer shall mean and cover only those service, which the customer has specifically availed.
    3. The terms and conditions herein, acceptable usage policy and responsible usage policy, published by Service Provider   from time to time shall constitute and will be an integral part of the agreement between SERVICE PROVIDER   and customer with respect to the service. SERVICE PROVIDER   reserves the right to change any or all aspects of this agreement operating rules, usage guidelines, prices governing the service, service plans the pricing structure or product/service policies at any time without prior intimation to the customer.  The customer acknowledges that it is his/her sole responsibility to appraise himself/herself of the Terms and conditions and responsible usage policy, as amended from time to time and agrees to abide by the same. 
    4. The service is being provided subject to all the applicable Indian Laws, rules and regulations.
    5. SERVICE PROVIDER shall provide service to the customer in accordance with the terms and conditions then in force and as amended from time to time, till the expiry of the specified period for which the customer has paid for.
    6. The service charge is payable in advance and is non-refundable.  All taxes, duties, charges or any other levies of any nature whatsoever, payable for the service shall be payable by the customer in addition to the service charges.
    7. SERVICE PROVIDER shall not be liable to the Customer for any loss, expenses or damage or any kind in connection with the performance of its obligation under this contract or arising from disruption, interruption, suspension or manufacture of the service, for whatsoever reason including force Majeure except when there is deliberate failure or breach on the part of SERVICE PROVIDER.
    8. All third party software that may be provided with the EASY Surf CD is included for use at the customer’s option.  SERVICE PROVIDER shall not be responsible for any losses or damages which may occur resulting from the use of any third party software.  Any support that is needed has to be availed form the respective companies.
    9. SERVICE PROVIDER will be responsibility only for carrying data packets and is not responsible for its nature or content.  Customer guarantees that the service will be used for genuine purpose only and will not be used for any immoral or unlawful or socially unacceptable purpose.
    10. Customer acknowledges, accepts and specifically declare that he is fully aware of the nature and terms of the service and acceptable usage Policy.  The customer shall be exclusively responsible for making arrangements for getting the necessary hardware and software at his end.  It is explicitly agreed that SERVICE PROVIDER does not undertake any responsibility with regard to procuring / installing / maintaining the hardware and / or software at the customer’s end.
    11. Customer hereby undertakes to indemnify and hold harmless SERVICE PROVIDER against liability which may arise for any and all, acts on the part of the customer in availing the service.
    12. The customer shall take full and sole responsibility for preserving the secrecy of the password.  The customer acknowledges and accept the considering the nature of the service there will be a need to change the password from time to time to avoid misuse and to maintain secrecy SERVICE PROVIDER shall not be responsible for any wrongful or unauthorized use, under any circumstances
    13. The service to be provided shall be exclusively to the customer.  The customer shall not transfer, reassign, sell and / or offer or promote the service to others or affiliates of the customer.  Customer shall not do anything that is detrimental to SERVICE PROVIDER interests.
    14. SERVICE PROVIDER shall endeavor to provide the best of its service to the customer through a dedicated customer care service team.  The customer shall in all communications, including when interacting with its employees, associates and partner, maintain decorum, decency and shall refrain from using any threatening, unparliamentarily, abusive language, SERVICE PROVIDER reserve the right to terminate or disconnect such customers with an immediate effect if found using such language.
    15. The customer acknowledges that the service is provided as is SERVICE PROVIDER, its employees agents, suppliers vendors and distributors make no warranty of any kind, either expressed or implied regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that the service will be uninterrupted or error free.  SERVICE PROVIDER expressly excludes any implied warranty of merchantability of fitness.
    16. DWAN and the customer hereby agree that this agreement together with the operational rules, Acceptable Usage Policy and usage guidelines and other terms notified by SERVICE PROVIDER shall constitute the complete terms and conditions between them and there shall be no addition, modification or deletion to these terms and conditions unless it is to agree in writing and signed by both SERVICE PROVIDER and the customer.
    17. It is illegal to terminate Internet Telephony calls to any public telephone number (PSTN, ISDN, PLMN, etc.) in India irrespective of whether the same originates in India or abroad.
    18. SERVICE PROVIDER entire liability and the customer’s exclusive remedy for any failure or reach on the part of SERVICE PROVIDER shall be the return of the charges paid by the customer relating the unexpired period of the use. SERVICE PROVIDER disclaims all warranties and conditions express or implied including but not limited to implied warranties or conditions of merchantability fitness for a particular purpose with regard to the service offered and in no event SERVICE PROVIDER shall be liable for any other damages including special indirect or consequential damages loss of profits business interruption whatsoever arising out of use or inability to use the service.
    19. In using the service, the customer agrees to comply with all laws, regulations and rule applicable and hereby indemnifies SERVICE PROVIDER against any claims, loss damage or consequence arising from non-compliance of the customer to any applicable laws, rules, regulations, etc.
    20. User acknowledges that spamming of e-mails is prohibited spamming is the transmission of any form of mail that can be interpreted as junk mail or mail generated via a distribution list which the recipient has not specifically requested.  The user can transmit only a fixed number of outgoing mails as part of SERVICE PROVIDER mail policy and a violation of this will be considered as spamming.  SERVICE PROVIDER reserves the right to block the user’s mail id or even terminate the service if this is violated by any user.
    21. The speeds mentioned against various service plans are as experienced within the SERVICE PROVIDER network.
    22. For enhanced security, the SERVICE PROVIDER User ID as choose by the user at the time of registration, the IP address and the MAC address (unique for each LAN Card) will be tied to each other.  This means that a User ID can be used only form that user’s PC and IP address allocated to the user.  However, it is possible for the user to have multiple user ids, with different service plans from the same PC.
    23. The customer shall not use the service provided by SERVICE PROVIDER for any illegal, or unlawful purpose.   Customer shall at all times follow all the rules & regulations laid down by the competent authorities from time to time.